IN THE CASE OF:	   

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150012786 


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 the U.S. Total Army Personnel Command memorandum, dated 8 November 2001, subject:  Administrative Removal from the Promotion Selection List, from his Official Military Personnel File (OMPF).

2.  The applicant states:

* the memorandum misrepresents his service and may be seen as a negative action by future promotion, qualitative service program, or qualitative management boards that could potentially end his military service erroneously
* he joined the Army in October 1990 in military occupational specialty (MOS) 11B (Infantryman) and he has maintained that MOS through the present
* in July 1998 while serving as a staff sergeant (SSG), he was selected for and assigned to perform duties as a recruiter for the Army which is typically a 3-year assignment
* after his recruiting assignment he was selected for conditional promotion to sergeant first class (SFC) based on acceptance of MOS 79R (Recruiter) as his permanent MOS
* this was not something he was interested in doing and at the time the Army was offering the promotion to its detailed recruiters as an incentive to permanently transfer to the Recruiting career field
* he declined the option/conditional promotion and elected to continue his service as an infantryman
* it was explained to him that his was acceptable and would not be looked upon unfavorably as it was not mandatory
* when you read the memorandum, it comes across as an unfavorable action and he believes it misrepresents his service to our country
* multiple senior noncommissioned officers who serve on promotion boards tell him the information described could be perceived as unfavorable and could result in his separation from military service

3.  The applicant provides U.S. Total Army Personnel Command memorandum, dated 8 November 2001, subject:  Administrative Removal from the Promotion Selection List.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 October 1990 in the rank/grade of private/E-1.

2.  On 1 February 1994, he was promoted to sergeant/E-5 and awarded MOS 11B as his primary MOS.

3.  He was promoted to the rank/grade of SSG/E-6 effective 30 April 1996.

4.  U.S. Army Training Center and Fort Jackson Orders 293-1604, dated 20 October 1998, awarded him the Basic Recruiter Badge.  He completed the Army Recruiter Course given at Fort Jackson on 29 October 1998.

5.  He was assigned as a detailed recruiter from July 1998 through June 2001.  His noncommissioned officer evaluation reports for this period show his primary MOS as 11B and his duty MOS as 79R.

6.  He provided U.S. Total Army Personnel Command memorandum, dated 8 November 2001, subject:  Administrative Removal from the Promotion Selection List.  This memorandum states he was considered and selected for promotion to SFC; however, his name was administratively removed from the promotion list based on his declination of promotion and mandatory reclassification.  This memorandum is filed in the restricted folder of his OMPF.  The applicant's memorandum declining promotion is not in the available records and was not provided by the applicant.

7.  On 17 November 2003, he was promoted to the rank/grade of SFC/E-7 in MOS 11B.  On 1 August 2007, he was promoted to the rank/grade of master sergeant (MSG)/E-8 in MOS 11Z (Infantry Senior Sergeant).

8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures for promotions and reductions of Army enlisted personnel.  Paragraph 4-14, in effect at the time, stated:

* a declination of promotion was effective the date a Soldier signed a declination of promotion statement
* a Soldier who declined promotion would be removed from the recommended list and was ineligible for reinstatement
* Soldiers who declined promotion would be considered by the next regularly-constituted board, if otherwise eligible
* a Soldier could decline reclassification into his or her promotion selection when it was other than the normal career progression MOS
* declination of reclassification automatically would terminate the recommended list status and would be cause for revocation of promotion orders

9.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  Appendix B is the authoritative source for documents authorized for filing in the OMPF and shows documents pertaining to declination of promotion are filed in the restricted folder.  The release of information in this section is controlled.  It will not be released without written approval from the Commander, U.S. Army Human Resources Command, or the Department of the Army selection board proponent.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 19, contains policies and procedures for voluntary and involuntary separation of noncommissioned officers under the Qualitative Management Program.  The purpose of the Qualitative Management Program is to enhance the quality of the career enlisted force, selectively retain the best qualified Soldiers while denying continued service to nonproductive members, and to encourage Soldiers to maintain their eligibility for further service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was selected for promotion to SFC/E-7 in 2001 with mandatory reclassification to MOS 79R; however, he declined the promotion.  As a result of his declination, his name was removed from the promotion list and the documentation for this action was filed in the restricted folder of his OMPF in accordance with the governing regulation.

2.  He was subsequently promoted to SFC/E-7 in MOS 11B in 2003 and further promoted to MSG/E-8 in MOS 11Z in 2007.

3.  His records are void of and he failed to provide sufficient evidence showing the contested document might negatively affect his promotion potential or target him for elimination under the Qualitative Management Program.

4.  The applicant is advised that a copy of this Record of Proceedings will be filed in his OMPF and will serve to clarify any questions concerning his declination of promotion in 2001.

5.  In view of the foregoing evidence, there is an insufficient basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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



      ___________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)                                         AR20150012786



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ABCMR Record of Proceedings (cont)                                         AR20150012786



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