IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20150011244 


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 correction of his military records by removing the following document from the performance folder in his Official Military Personnel file (OMPF): Memorandum, subject: Closing of Elimination Action, dated 12 July 2013.

2.  The applicant states the memorandum in question is filed in the performance folder of his OMPF under disciplinary action.  He wants it removed and placed in the restricted folder of his OMPF.  He argues that per the initial disciplinary action everything was to remain in his restricted folder.  Having the subject memorandum in his performance folder defeats the purpose of having a restricted folder by highlighting that he was sent to a board of inquiry (BOI) in 2013 for a suitability determination to continue his military service.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  At the time of the applicant’s application, he was serving in the Regular Army in the rank of lieutenant colonel.

2.  A review of the applicant's OMPF shows a copy of the contested memorandum is filed in the applicant's performance folder.  The memorandum informs the applicant that the BOI determined he would be retained on active duty without reassignment.  It also stated that the documents used as a basis for the BOI could only be removed through an appeal action to the Department of Army Suitability Evaluation Board.  The applicant’s restricted folder contains additional documents concerning the decision of the BOI.

3.  Army Regulation 600-8-104 (Army Military Human Resource Record (AMHRR) Management) provides that the performance folder maintains performance related information to include evaluations, commendatory documents, and specific disciplinary information and training/education documents.  The primary purpose of this folder is to provide necessary information to officials and selection boards tasked with assessing Soldiers for promotion, special programs, or tours of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by removing the subject document from the performance folder in his OMPF because it defeats the purpose of having a restricted folder by highlighting that he was sent to a BOI in 2013 for a suitability determination to continue his military service.

2.  The purpose of the performance folder is to provide necessary information to officials who are tasked with assessing Soldiers for tours of duty.  The subject memorandum specifically states that the applicant’s retention on active duty was without reassignment.  This information may not be otherwise available to officials if it were filed in the restricted folder.  Accordingly, it is properly filed in the performance folder.  All other documents pertaining to the BOI determination are properly filed in the applicant’s restricted folder.

3.  In view of the above, there is no error or injustice.  Therefore, the applicant’s request should be denied.

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)                                         AR20150011244





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ABCMR Record of Proceedings (cont)                                         AR20150011244



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