IN THE CASE OF: BOARD DATE: 11 May 2010 DOCKET NUMBER: AR20100000907 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 that his special court-martial [he is probably referring to his general court-martial] be transferred to the restricted portion of his Official Military Personnel File (OMPF). 2. The applicant states the following: * He completed his court-martial sentence in 2005 * He was reduced to pay grade E-1 * He attained pay grade E-6 over the period of 5 years 3. The applicant provides no additional documents in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty in the rank of staff sergeant. 2. General Court Martial Order Number 15, dated 16 May 2005, shows the applicant was convicted on 15 February 2005, contrary to his plea, of committing an indecent assault upon SPC M.M.J., a person not his wife. He was sentenced to reduction to private, E-1 and confinement for 6 months. 3. The sentence was approved, but the execution of that part of the sentence extending to confinement in excess of 3 months was suspended for 3 months. The suspended part of the sentence was remitted without further action unless the suspension was sooner vacated. 4. A review of the applicant’s performance section of his OMPF on the Personnel Electronic Records Management System revealed a copy of the general court-martial order. 5. Between 2005 and 2007, the applicant was promoted to specialist, sergeant, and staff sergeant. 6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) states that once placed in the OMPF, documents become a permanent part of that file and will not be removed from the OMPF or moved to another part of the OMPF unless directed by one of several agencies, one of which is this Board. Table 2-1 of the regulations provides that a court-martial order will be filed in the performance portion in the commendatory and disciplinary section. DISCUSSION AND CONCLUSIONS: 1. The applicant was convicted by a general court-martial in February 2005 of indecent assault. He was sentenced to a reduction to E-1 and 3 months in confinement. 2. The general court-martial order is properly filed in the applicant's military records in accordance with the governing regulation. There is no evidence that it was improperly imposed. 3. The applicant’s subsequent good service and promotions are acknowledged. However, it would not be equitable to place the applicant on the same competitive footing as Soldiers who have no blemish on their records. 4. Therefore, the applicant has established no basis for transferring the general court-martial order from the performance section to the restricted section of his OMPF. 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 that 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) AR20100000907 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000907 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1