RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  25 November 2003
	DOCKET NUMBER:  AR2003084312

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Ms. Lana E. McGlynn		Member	

	The applicant and counsel if any, did not appear before the Board.

	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, in effect, that his Memorandum, dated 21 May 1997, Subject:  Declination of Consideration for Promotion be removed from his Service Fiche, General Administrative Data Section, of his Official Military Personnel File (OMPF) to his Restricted Fiche of his OMPF. 

2.  The applicant states that he did not personally complete a promotion packet in the first place and should not have had to write a "Declination of Promotion letter."  His unit administrator completed a promotion packet without his consent resulting in another soldier being promoted to a position in his unit, while he was attending the Advanced Noncommissioned Officer Course (ANCOC).  He was later offered a slot at another unit.  He would not and could not have completed a packet since he was just beginning his career as a teacher and could not devote himself to the position.  He was not in town to complete his packet.   

3.  The applicant provides a copy of his Memorandum, dated 21 May 1997, Subject:  Declination of Consideration for Promotion and a copy of his DA Form 1059 (Service School Academic Evaluation Report [AER]), dated 12 August 1996.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show he enlisted in the US Army Reserve (USAR) on 6 March 1993.  He continues to serve in the rank of staff sergeant (SSG/E-6).  He was promoted to SSG/E-6 effective 24 October 1994.

2.  A review of the applicant’s OMPF, General Administrative Date Section, shows the Memorandum, Subject:  Declination of Consideration for Promotion, dated 21 May 1997.  The memorandum indicates that the applicant declined consideration for promotion to sergeant first class (SFC) while assigned to the USAR Training School at MacDill Air Force Base.  He declined consideration for promotion for three reasons:  civilian career; recent promotion to SSG; and lack of commitment to the course.

3.  The applicant provided a copy of his AER, which evaluated him on his attendance at the Watercraft Operators Course-ANCOC-88K40, for the period 7 May 1996 to 12 August 1996.  Item 13 (Performance Summary), shows that the applicant achieved course standards.  

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), 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 Official Military Personnel File 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 proper authorities listed in the regulation.  Table 2 of the regulation pertains to the composition of the OMPF.  It states that documents approving removal from a Promotion List with allied documents would be filed on the restricted (R) fiche of the OMPF.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant declined promotion to SFC in writing on 21 May 1997 due to personal reasons.  The memorandum was placed on his Service Fiche, General Administrative Data Section, of his OMPF.  

2.  After a review of the memorandum and in accordance with regulation, the applicant's memorandum, dated 21 May 1997, Subject:  Declination of Consideration for Promotion is entitled to be placed on his Restrictive Fiche of his OMPF.

BOARD VOTE:

__ro____  ___ym____  __lm____  GRANT 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
moving the memorandum, dated 21 May 1997, Subject:  Declination of Consideration for Promotion from the Service Fiche, General Administrative Data Section, of his OMPF to his Restricted Fiche.

		___Raymond V. O’Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084312	
SUFFIX		
RECON		
DATE BOARDED	20031125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	281	
2.		
3.		
4.		
5.		
6.