BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090016074 


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 removal of a document titled, "Letter of Failure to Complete Army Service School Resident Course of Instruction" from the performance section of his interactive Personnel Electronics Records Management System (iPERMS) record.

2.  The applicant states, in effect, that in 2002 he was administratively reduced from sergeant first class (SFC)/E-7 to staff sergeant (SSG)/E-6 based on his cancellation from the Advanced Noncommissioned Officer Course (ANCOC) due to failure to meet the weight control and Army Physical Fitness Test (APFT) standards.  There is a document in the performance section of his iPERMS record titled, "Letter of Failure to Complete Army Service School Resident Course of Instruction."  He argues that the same document is located in the restricted portion of his iPERMS record, but titled, "Document Approving Recommendation for Removal from a Promotion List."  He continues that he completed ANCOC on 21 July 2006 and he was promoted back to SFC effective 1 September 2006.  He concludes that he worked hard to get back to where he is and this document will bring discrimination against him and possibly cause board members to look at his record as substandard in the upcoming master sergeant's selection board.

3.  The applicant provides copies of a U.S. Total Army Personnel Command, Alexandria, VA, memorandum, Subject:  Administrative Removal from the Promotion Selection List, dated 15 October 2002, in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of SFC.

2.  U.S. Army Total Army Personnel Command, Alexandria, Order Number 347-41, dated 13 December 2001, promoted the applicant to SFC effective 1 January 2002.  The special instructions on this order state that "SSG promoted to SFC who do not have ANCOC credit are promoted conditionally.  Those Soldiers who receive a conditional promotion will have their orders revoked and their names removed from the centralized list if they fail to meet the NCOES [Noncommissioned Officer Education System] requirement."

3.  U.S. Army Total Army Personnel Command, Alexandria, memorandum, dated 15 October 2002, Subject:  Administrative Removal from the Promotion Selection List, informed the applicant that his name had been removed from the SFC promotion list based on his cancellation from ANCOC due to his failure to meet the standards of Army Regulation 600-9 [The Army Weight Control Program] and APFT.

4.  U.S. Army Total Army Personnel Command, Alexandria, Order Number 288-5, dated 15 October 2002, revoked the applicant's promotion to the rank of SFC. The order states that the applicant was administratively removed from the calendar year (CY) 200105 SFC Promotion List.  This order is found in the applicant's performance section of his iPERMS record.

5.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed ANCOC on 21 July 2006.

6.  U.S. Army Human Resources Command, Alexandria, Order Number 226-42, dated 14 August 2006, promoted the applicant to SFC effective 1 September 2006.

7.  A review of the applicant's record located on iPERMS confirms his record contains three copies of the U.S. Total Army Personnel Command Memorandum, Subject:  Administrative Removal from the Promotion Selection List.  The performance portion of his iPERMS record includes two copies of this memorandum under the titles "Document Approving Recommendation for Removal from Promotion List" and "Letter of Failure to Complete Army Service School Resident Course of Instruction."  A third copy of this memorandum is found in the restricted portion of his iPERMS record under the title "Document Approving Recommendation for Removal from a Promotion List."

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the Official Military Personnel File (OMPF).  This document states that only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.

9.  Table 2-1 of this Army regulation shows that for promotions and reductions, the document approving removal from a Headquarters, Department of the Army promotion list will be filed in the restricted portion of the OMPF.

10.  Paragraph 2-3 (Composition of the OMPF) of Army Regulation 600-8-104 provides, in pertinent part, that the restricted portion of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, U.S. Army Human Resources Command (for enlisted Soldiers, formerly designated as Commander, U.S. Army Enlisted Records and Evaluation Center) or the Headquarters, Department of the Army selection board proponent.  This paragraph also provides that documents in the restricted portion of the OMPF are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the document with the title "Letter of Failure to Complete Army Service School Resident Course of Instruction" be removed from the performance portion of his iPERMS record.

2.  The applicant's iPERMS record contains two copies of this document in the performance portion and a third copy is filed in the restricted portion.  Army Regulation 600-8-104 shows that for promotions and reductions, the document approving removal from a Headquarters, Department of the Army, promotion list will be filed in the restricted portion of the OMPF.  Therefore, it would be appropriate to remove from the performance portion of his iPERMS the documents with the titles "Letter of Failure to Complete Army Service School Resident Course of Instruction" and "Document Approving Recommendation for Removal from Promotion List."



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 performance portion of his iPERMS record the documents titled, "Letter of Failure to Complete Army Service School Resident Course of Instruction" and "Document Approving Recommendation for Removal from Promotion List."





      __________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)                                         AR20090016074



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ABCMR Record of Proceedings (cont)                                         AR20090016074



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