IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080016778
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the memorandum, subject: Administrative Removal from the Promotion Selection List, dated 22 December 1997, be removed from his Official Military Personnel File (OMPF).
2. The applicant states that he left the Army at his expiration of term of service in May 1998 and he did not meet the time remaining in service requirement to attend the Advanced Noncommissioned Officer (NCO) Course (ANCOC) in December 2007 (sic). He states that he did not attend ANCOC and a memorandum was placed in his OMPF. He also states that he returned to active duty on 30 October 2001. Since that time, he has attended ANCOC and he is currently assigned as an instructor at the NCO Academy. He further states that this memorandum is a large blemish on his record when a promotion board reviews his performance file. He believes that this memorandum is preventing him from being selected for promotion to master sergeant.
3. The applicant provides a supplemental letter, dated 15 October 2008; the memorandum in question; his Enlisted Record Brief, dated 15 October 2008; his DA Form 1059 (Service School Academic Evaluation Report (AER)) dated 13 June 2006; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 May 1998.
CONSIDERATION OF EVIDENCE:
1. After having had prior active and inactive service, the applicant enlisted in the Regular Army on 13 February 1991. He completed the required training and was awarded military occupational specialty 18E (Special Forces Communications Sergeant).
2. The applicant received a memorandum, 22 December 1997, which informed him that he was selected for promotion by the sergeant first class (SFC) and ANCOC selection board. However, his name had been administratively removed from the list and his promotion to SFC was revoked because he failed to attend his scheduled ANCOC. This memorandum indicated that a copy of this memorandum would be filed in the performance section of his OMPF.
3. The applicant was honorably discharged on 20 May 1998.
4. The applicant enlisted in the Regular Army again on 30 October 2001.
5. The applicant successfully completed ANCOC on 13 June 2006 and was issued an AER for the period 19 April 2006 through 13 June 2006.
6. The applicant is currently serving on active duty in the rank of SFC.
7. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records; the Department of the Army Suitability Evaluation Board, the Army Appeals Board, Chief of Appeals and Corrections Branch of the U.S. Army Human Resources Command (HRC), the OMPF custodian when documents have been improperly filed, Commander of the U.S. Army HRC, Chief of the Appeals Branch of the U.S. Army HRC St. Louis, and Chief of the Appeals Branch of the National Guard Personnel Center.
DISCUSSION AND CONCLUSIONS:
1. The memorandum in question, dated 22 December 1997, indicates the applicant was selected for promotion to SFC; however, his name was administratively removed from the SFC promotion list and his promotion to SFC was revoked because he failed to attend his scheduled ANCOC.
2. The memorandum in question was filed in the performance section of the applicant's OMPF.
3. The applicant was discharged on 20 May 1998 and he entered active duty again in October 2001.
4. The applicant successfully completed ANCOC in June 2006.
5. While there does not appear to be any regulatory basis for removing the memorandum in question, there are equitable reasons for its transfer to the restricted portion of his OMPF, particularly since the applicant has successfully completed ANCOC.
6. In view of the facts, it would be equitable to transfer the memorandum in question from the performance section of the applicant's OMPF to the restricted section of his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ 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, subject: Administrative Removal from the Promotion Selection List, dated 22 December 1997, from the performance fiche to the restricted fiche of the OMPF.
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 removal of the memorandum, dated 22 December 1997, entirely from his OMPF.
________XXX_________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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