BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120010037 


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 Army Board for Correction of Military Records (ABCMR) Docket Number AR20090008584 and all related files, and his current application be permanently removed from the restricted portion of his Army Military Human Resource Record (AMHRR). 

2.  The applicant states:

* he wants ABCMR Docket Number AR20090008584 destroyed because it was not a completed application
* it serves no purpose for any further action by himself or this agency 

3.  The applicant provides no documentary evidence. 

CONSIDERATION OF EVIDENCE:

1.  Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 3 May 2007.  He served as a fire support specialist.  On 
29 March 2009, he retired and was placed on the Temporary Disability Retired List the following day.

2.  In 2009, he submitted an application to the ABCMR.  On 28 October 2009, his application was closed by letter and returned without action. 


3.  A review of the applicant’s AMHRR, formerly known as the Official Military Personnel File, on the integrated Personnel Electronic Records Management System revealed a copy of the 28 October 2009 ABCMR administrative letter and his application with related documents in the restricted portion of his AMHRR.

4.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the AMHRR, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Table B-1 provides that the ABCMR decision memorandum/letter, record of proceedings, and application (with continuation pages when provided) will be filed in the restricted folder of the AMHRR unless otherwise directed by the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the 28 October 2009 ABCMR administrative letter and his application with related documents are filed in the restricted portion of his AMHRR.

2.  His 2009 application should never have been filed because it never became an ABCMR case.  The staff of the Board administratively closed it.

3.  Since he would not have needed to submit his current application if his 2009 request had never been improperly filed in his AMHRR, it would be appropriate to remove the 2009 case from his AMHRR and return it and his current application to the ABCMR for filing.

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:

	a.  removing the 28 October 2009 ABCMR administrative letter and his application with related documents from the restricted portion of his AMHRR; and

	b.  returning the 2009 case and related documents and his current application to the ABCMR for filing.

 

      _______ _  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)                                         AR20120010037





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ABCMR Record of Proceedings (cont)                                         AR20120010037



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