IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20090006075 


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, removal of a memorandum, subject:  Promotion to SFC [sergeant first class] as an Exception to Policy, dated
16 January 2007, from his Official Military Personnel File (OMPF).

2.  The applicant states that this memorandum directed him to complete the Basic Noncommissioned Officer Course (BNCOC) as a condition to retain his promotion to SFC when he had already completed BNCOC on 13 October 2006, nearly three months prior to the date of the memorandum.

3.  The applicant provides a copy of the subject memorandum, dated 16 January 2007, issued by the U.S. Army Human Resources Command (USAHRC), Alexandria, VA; and a copy of DA Form 1059 (Service School Academic Evaluation Report), dated 13 October 2006, in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant’s records show he enlisted in the Regular Army on 15 July 1998.  He also executed a 4-year reenlistment on 25 August 2000 and an indefinite reenlistment on 4 August 2006.  His records further show he was trained in and holds military occupational specialty (MOS) 42A (Human Resources Specialist) and that he was promoted to staff sergeant (SSG)/E-6 on 1 May 2003.

2.  The applicant’s records also show he was selected for promotion to SFC/E-7 by the Fiscal Year 2006 (FY06) SFC/E-7 Selection Board which was released on or around 20 March 2006.

3.  On 13 October 2006, the applicant successfully completed BNCOC at the U.S. Army Soldier Support Institute, Noncommissioned Officer Academy, Fort Jackson, SC.

4.  On 14 December 2006, USAHRC-Alexandria published Orders Number
348-42 announcing the applicant’s promotion to SFC/E-7 with an effective date and date of rank of 1 January 2007.

5.  On 16 January 2007, USAHRC-Alexandria issued the applicant a memorandum granting him an exception to policy to retain his promotion to SFC; however, he was required to successfully complete BNCOC within 365 days upon redeployment.  The memorandum also informed him that failure to complete this BNCOC requirement would result in his administrative reduction.

6.  This memorandum is filed on the performance section of the applicant’s OMPF.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 of this Army regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) of this Army regulation shows that promotion correspondence to special selection boards are filed in the General Administration (GA) portion of the Performance section of the OMPF.  There is no provision in Army Regulation 600-8-104 pertaining to an exception to policy memorandum.

8.  Army Regulation 600-8-104 also provides guidance concerning the restricted section of the OMPF.  It states, in pertinent part, that the restricted section is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of the information in the restricted section is controlled and not routinely released to promotion selection boards.  This Army regulation also states that documents authorized for filing in the restricted section 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.  It also serves to protect the interest of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the memorandum granting him an exception to policy to retain his promotion to SFC/E-7 should be removed from his OMPF.  

2.  The evidence of record shows that the applicant completed the required military education course (BNCOC) prior to being promoted to SFC/E-7.  It appears that for unknown reasons, the Promotion Branch, USAHRC-Alexandria, did not receive the DA Form 1059 that shows he had already completed BNCOC. Accordingly and in good faith, USAHRC issued the applicant a memorandum that essentially allowed him to retain his rank contingent upon completing BNCOC within 365 days.  

3.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

4.  The applicant's date of rank to SFC/E-7 is 1 January 2007.  He will be eligible to compete for promotion to master sergeant (MSG)/E-8 during the next MSG Selection Board.  However, the existence of this exception to policy memorandum on the performance section of his OMPF is a detractor that sticks out as soon as his records are reviewed and may be perceived as negative.  It gives the appearance that he is neglecting to complete the required military education.  There is no harm to the Army or to the Soldier if this memorandum is removed from his OMPF.  Therefore, in the interest of justice and as exception to policy, the applicant is entitled to a relief. 

BOARD VOTE:

____X__  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from the applicant's OMPF the USAHRC-Alexandria Memorandum, subject:  Promotion to SFC as an Exception to Policy, dated 16 January 2007.



      _________X____________
       	   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.

ABCMR Record of Proceedings (cont)                                         AR20090006075



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ABCMR Record of Proceedings (cont)                                         AR20090006075



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