RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:               OCTOBER 26, 2004
      DOCKET NUMBER:       AR2004100689


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the notification of his removal
from the promotion selection list dated 26 June 2001 be removed from his
Official Military Personnel File (OMPF).  He asks that this document be
removed from his records as it may cause an injustice in consideration for
promotion to the next grade.

2.  The applicant states, in effect, that in November 2000 he was notified
of an investigation that was being conducted due to an error in his records
in 1995.  During the investigation, he was flagged and could not attend the
Advanced Noncommissioned Officer Course (ANCOC).  In July 2001, all charges
were dropped and he was rescheduled for ANCOC.  He graduated from ANCOC
with honors and he has had no misconduct to justify the letter being
inserted into his OMPF.  A review of his OMPF will show that there has been
no misconduct on his behalf that would justify this memorandum being placed
in his OMPF.

3.  The applicant provides a copy of a memorandum from the Commander,
Headquarters, 501st Signal Battalion, Subject:  Dismissal of Court-Martial
Charges, dated 12 July 2001; a copy of a Memorandum from the U.S. Total
Army Personnel Command, Subject:  Administrative Removal from the Promotion
Selection List, dated 26 June 2001; two service school academic evaluation
reports, and six Noncommissioned Officer Evaluation Reports.

CONSIDERATION OF EVIDENCE:

1.  On 16 July 1995, the applicant was apprehended by the Fayetteville
Police Department for driving while impaired, with a blood alcohol content
of .15 percent.

2.  On 30 August 1995, he acknowledged receipt of a General Officer
Memorandum of Reprimand (GOMOR).  On 21 September 1995, the general officer
who imposed the GOMOR directed that it be filed in his OMPF.

3.  On 24 May 1999, the applicant requested that the GOMOR be transferred
from his performance fiche (P-fiche) to the restricted fiche (R-fiche).

4.  The applicant was considered and selected for promotion to the rank and
pay grade of Sergeant First Class, E-7.  His name was included in
Memorandum,
PERSCOM, TAPC-MSP-E, Subject:  Sergeant First Class and ANCOC Selection
List, dated 3 September 1999.

5.  On 29 November 1999, the DA Suitability Evaluation Board approved the
applicant's request and moved all applicable documents to his R-fiche.

6.  The applicant was promoted to Sergeant First Class by Order No. 316-29,
U.S. Total Army Personnel Command, dated 12 November 1999, with an
effective date, and date of rank, of 1 December 1999.

7.  On 26 June 2001, the applicant was notified of his removal from the
Sergeant First Class Promotion Selection List in a Memorandum from the U.S.
Total Army Personnel Command, Subject:  Administrative Removal from the
Promotion Selection List.  The removal was based on cancellation of his
attendance of the ANCOC due to his misconduct.  A copy of this memorandum
was filed in the Education and Training Section of the applicant's P-Fiche
in his OMPF.

8.  On 12 July 2001, the applicant was notified that court-martial charges
had been dismissed, without prejudice to the Government.

9.  On 20 July 2001, Orders No. 201-1, were published by the U.S. Total
Army Personnel Command promoting the applicant to the rank and pay grade,
Sergeant First Class, E-7, with an effective date, and date of rank, of
1 December 1999.

10.  Army Regulation 600-8-104 prescribes the policies and mandated
operating tasks for the Military Personnel (MILPER) Information
Management/Records Program of the Military Personnel System.

11.  AR 600-8-104, Table 2-1, provides that documents approving the removal
of an individual from a HQDA promotion list will be filed in the R-fiche.
The R-fiche is used for historical data that may be improper for viewing by
selection boards or career managers.  Documents on this fiche are those
that must be permanently kept to maintain an unbroken, historical record of
a soldier's service, conduct, duty performance, and evaluation periods; and
corrections to other parts of the OMPF.

12.  AR 600-8-104 also provides that the P-fiche will used for filing
performance, commendatory, and disciplinary data.  Career managers and
selection boards
routinely use the P-fiche.  Documents placed on this fiche are limited to
those that provide evidence of a soldier's demonstrated performance.  These
documents are used for evaluation and selection purposes.

13.  The academic and other evaluation reports submitted by the applicant
and which are on file in the applicant's P-fiche were reviewed and are
acknowledged.

DISCUSSION AND CONCLUSIONS:

1.  The Memorandum from the U.S. Total Army Personnel Command, which
notified the applicant of his removal from the Sergeant First Class
Promotion Selection List, was not filed in accordance with guidance given
in Table 2-1, AR 600-8-104.  This memorandum was filed in the applicant's P-
fiche and not in the R-fiche, as it should have been.

2.  The applicant's contention that the memorandum's presence in the P-
fiche may cause an injustice in consideration for promotion to the next
grade has merit.  However, this memorandum does have historical
significance insofar as it relates to the applicant's career.  Therefore,
the correct place for the memorandum to be filed is the R-fiche.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

js ______  ep______  cg ______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:  transferring the Memorandum from the U.S. Total
Army Personnel Command, which notified the applicant of his removal from
the Sergeant First Class Promotion Selection List, to the applicant's R-
fiche in accordance with
AR 600-8-104.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the total removal of the memorandum in question from the applicant's
records (his OMPF).




            _____John Slone_____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100689                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  328  |134.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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