RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 DECEMBER 2004
      DOCKET NUMBER:  AR2004104431


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Diane Armstrong               |     |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 that the summary of MOS (Military Occupational
Specialty)/Medical Retention Board (MMRB) Proceedings contained in the
performance fiche of her OMPF (Official Military Personnel File) be
transferred to the restricted fiche of her OMPF.

2.  The applicant states that the MMRB was convened because she was given a
permanent profile serial of 1 1 3 1 1 1 due to her knee condition, despite
the recommendation by an orthopedic surgeon at Maxwell Air Force Base.  The
MMRB determined that she was fully capable of performing her duties.  Since
then she has attended advanced schools, which required extensive physical
exertion and training, and was selected for the distinguished leadership
award for the Advanced Noncommissioned Officer Course (ANCOC).  The profile
has not limited her effectiveness or level of performance.  She has
completed a two-year tour of duty in Korea and participated in numerous
field exercises and training.  She has since been issued a permanent
profile serial of 1 1 2 1 1 1 for the same knee condition.  She feels that
the MMRB documents contained in her performance fiche prejudice her
promotion to master sergeant, in that promotion board members would presume
that she could not perform as a master sergeant. Should the Board rule in
her favor, she requests that she be given promotion consideration by the
2002, 2003, and 2004 master sergeant promotion boards.

3.  The applicant provides copies of DA Forms 3349 (Physical Profile), a
copy of an endorsement approving the findings and recommendations of the
MMRB, a copy of a 12 April 1999 orthopedic clinic note, a copy of an
academic evaluation report, and a copy of an NCO evaluation report.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 4 years on 10 September 1987 and
has remained on continuous active duty.  She was promoted to her current
rank of sergeant first class on 1 November 1998.

2.  The applicant's NCO evaluation reports on file, 18 in all, show that
her rating officials considered her among the best [NCOs] in her overall
potential for promotion and service in positions of greater responsibility,
with comments such as promote immediately, select for ANCOC, unlimited
potential, and so forth.  There was one exception - her report for the
period August 2000 through March 2001, when her rating officials considered
her fully capable, who should be promoted to master sergeant when fully
eligible.  Her evaluation reports all reflect the fact that she passed the
Army Physical Training Test.
3.  On 11 September 1995 she was given a permanent physical profile serial
of   1 1 3 1 1 1 because of a right knee condition, which restricted her to
no running, deep knee bends, or squats.

4.  The applicant's evaluation report for the period from April 1996
through October 1996 while assigned to a personnel service battalion in
Korea indicates that her rater considered her among the best [NCOs] for
overall potential and service in positions of greater responsibility.

5.  On 12 April 1999 an Air Force doctor diagnosed her condition as
patellofemoral syndrome with chondromalacia of the patella now nearly
resolved, and recommended that she be returned to full activity as
tolerated.  He stated that it might exacerbate her symptoms requiring
limitations including no running; however, if she could tolerate running
now, she might continue running at her own pace and possibly take the
running portion of the physical training test.

6.  On 5 May 1999 a MMRB found that the applicant was physically capable of
performing all duties required of her MOS under field conditions worldwide
and that she should be retained in her current primary MOS.  The findings
and recommendations were approved on 21 May 1999.  A copy of these actions
is maintained in the performance fiche of her OMPF.

7.  On 7 December 1999 the applicant completed ANCOC and was selected as
the distinguished leadership award recipient.  Her academic evaluation
report includes the statement that she showed extensive attention to detail
by excelling during platoon inspections, drill and ceremony, and physical
fitness training.

8.  On 24 June 2003 the applicant was given a permanent physical profile
serial of 1 1 2 1 1 1 because of her right knee condition, restricting her
to no running, deep knee bends, or squats.

9.  Army Regulation 600-8-104 governs the composition of the OMPF, and
states in pertinent part that the performance fiche is used for filing
performance, commendatory and disciplinary data and is routinely used by
career manger selection boards.  Documents placed on this fiche are limited
to those that provide evidence of a Soldier's demonstrated performance.
The service fiche is the OMPF section where general information and service
data are filed.  The fiche is divided into a service computation section
and a general administration section.  Documents filed on this fiche are
those that must be permanently kept to record a Soldier's military service,
manage a Soldier's career, and protect the interests of both the Soldier
and the Army.  The restricted fiche is used for historical data that may
normally be improper for viewing by selection boards or career managers.


10.  Once placed in the OMPF the document becomes a permanent part of that
file.  The document will not be removed from a fiche or moved to another
part of the fiche unless directed by certain agencies, to include this
Board.

11.  Table 2-1 of the above-mentioned regulation states in pertinent part
that a summary of MMRB proceedings together with the decision to retain,
directing retention in a PMOS or specialty code will be maintained in the
general administration section of the service fiche.

DISCUSSION AND CONCLUSIONS:

1.  The summary of MMRB proceedings and the decision document related to
those proceedings were properly filed and are now properly maintained in
the applicant's service fiche of her OMPF.

2.  Notwithstanding her contentions, the applicant has not provided any
evidence to show that the continued retention of those documents in her
OMPF has caused her an injustice – in this respect, caused her not to be
promoted to master sergeant.

3.  Consequently, there is no basis to transfer those documents to the
restricted fiche of her OMPF.  Therefore, her request to do so is not
granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JP___  ___LE __  ___DA __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____ Jennifer Prater_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104431                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |124.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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