IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20150001604 


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 from his official military personnel file (OMPF)) of a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG) dated 14 November 2005.

2.  The applicant states the form dates from when he was in the Army National Guard (ARNG) and he is now on active duty in the Regular Army.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After previous service in the Regular Army and the Florida ARNG, the applicant enlisted in the Regular Army on 1 June 2006.  He is currently serving on active duty as a staff sergeant/E-6 and is assigned to Fort Campbell, KY.

3.  The administrative folder of his OMPF in the interactive Personnel Electronic Records Management System (iPERMS) contains the DA Form 268 to which he refers.  It shows an effective date of 5 November 2005.

4.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policy and procedures for the filing of documents in the OMPF.  It states, in pertinent part, the DA Form 268 is to be filed in the “Temp Admin” folder.  It will remain in the Soldier's record for 90 days from the create date in iPERMS.

DISCUSSION AND CONCLUSIONS:

The applicant requests removal of a DA Form 268.  Army Regulation 600-8-104 requires DA Forms 268 to be maintained for 90 days from the create date.  His iPERMS record clearly shows this document was added on 5 November 2005, a period well over 90 days.  This form should, therefore, be removed.

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 removing a DA Form 268, dated 5 November 2005 from his OMPF in iPERMS.



      ____________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)                                         AR20150001604





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001604



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1