PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 February 2003
	DOCKET NUMBER:   AR2002077532

	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	
	Mr. Jessie B. Strickland 		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that all documents related to the revocation of his promotion to the pay grade of E-7 be removed from his Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that on 1 June 2001, the Department of the Army erroneously revoked his promotion to the pay grade of E-7 based on his failure to attend the Advanced Noncommissioned Officer Course (ANCOC).  However, he had completed the ANCOC on 9 December 1999 and when he provided the documentation to substantiate his completion of the course, his rank was restored.  However, all of the associated documents related to the incident are still contained in his OMPF and serve as a negative detractor for future selection boards.

4.  The applicant’s military records show that on 24 July 1998, the applicant's name was released as a selectee for promotion to the pay grade of E-7 and attendance at the ANCOC.  He was conditionally promoted to the pay grade of  E-7 on 1 April 1999.

5.  On 9 December 1999, the applicant graduated from ANCOC class 4-99 at Fort Benning, Georgia.  He was issued an academic evaluation report and a diploma, both of which are contained in his OMPF.

6.  On 5 June 2001, the Chief of the Enlisted Promotions Branch at the Total Army Personnel Command (PERSCOM) notified the applicant that he had been removed from the promotion selection list due to his failure to attend scheduled ANCOC.  Orders were published which revoked the promotion and granted him de facto status through 29 May 2001.  Those orders are contained in his OMPF on the service computation fiche.  On 6 July 2001, the same office notified the applicant that he had been reinstated to the pay grade of E-7.

7.  A review of his OMPF shows that the removal and reinstatement documents are contained in the restricted fiche of his OMPF.

CONCLUSIONS:

1.   The revocation of the applicant's promotion was clearly an administrative error on the part of the Department.  The applicant had in fact met the conditions of his conditional promotion 18 months prior to the revocation of his promotion.

2.  Accordingly, the Board finds that the presence of the revocation of his promotion orders on his service computation fiche and the documents related to his removal and restatement to the promotion list that are on his restricted fiche, serve no useful purpose other than to detract from his otherwise excellent record of service.
3.  The applicant's records contain the documents necessary to support his promotion to the pay grade of E-7 and the Board finds that justice will be served by removing the documents that erroneously revoked his promotion to the pay grade of E-7.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by removing all documents from the OMPF pertaining to the individual concerned that relate to a revocation of his promotion to the pay grade of E-7.

BOARD VOTE:  

___sac__  ___rks___  __au____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002077532	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/REM DER INFO	
2.		
3.		
4.		
5.		
6.