APPLICANT REQUESTS: That all documents related to his proposed involuntary separation be removed from his records.
APPLICANT STATES: That on 11 July 1991 he was informed by memorandum that he was being considered for involuntary separation from the USAR for allegedly falsifying records and documents for the purpose of misrepresentation. No proceedings were held and the matter was terminated on 5 September 1991 when he elected to transfer to the retired reserve. Since the action was terminated and the accusations were never pursued or proven, he contends that all documents related to the accusations should have been removed from his records. His counsel provides copies of 13 documents concerning the proposed separation proceedings that he wishes to have expunged from the record.
EVIDENCE OF RECORD: The applicant's military records show:
He was a USAR, aviation, Chief Warrant Officer 3 (CW3) on 11 July 1991 when he was informed that he was being considered for involuntary separation for moral or professional dereliction. It was alleged that he indicated that he had never been restricted or suspended from flight duty when, in fact, he had been discontinued from the Naval flight program for flight failure. He was also accused of altering his DD Form 214 (Report of Transfer or Discharge) to indicate that he had been a Naval aviator; and altering various other documents to show he had been a rated Naval aviator.
In response to the notification of involuntary separation, he was offered the opportunity to submit his resignation in lieu of involuntary separation, have his case acted upon by a board of officers or request transfer to the retired reserve. He opted to transfer to the retired reserve.
On 19 July 1991 he signed an election of options form wherein he elected transfer to the retired reserve in lieu of involuntary separation. The request was approved and he was transferred to the USAR Control Group (Retired) effective 6 September 1991.
Documents that the applicant desires to have expunged from his record include the notification of involuntary separation action, the commands request that he be transferred to the retired reserve in lieu of separation (prepared in response to his request), a statement that he executed on 6 October 1989 indicating that he had never been restricted or suspended from flight duty or involved in an aircraft accident, a copy of DA Form 268,(Report to suspend Favorable Personnel Action), and various internal US Army Reserve Personnel Center correspondence relating to the release of portions of his military personnel file to him and/or others, correspondence to the Criminal Investigation Command alleging that he was involved in fraud and two documents from the investigative records repository concerning his possible falsification of records.
Army Regulation 600-8-104, Military Personnel Information Management/Records, prescribes the policy, tasks, steps and rules for military personnel information management, to include personnel records.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant maintains that since no involuntary separation board actually took place in his case, all documents relating to the board action should have been removed from his records. However, the board action was terminated because he chose to exercise one of the options available to him as a result of the proposed board, namely, to transfer to the retired reserve in lieu of the involuntary separation proceedings.
2. In accordance with regulatory guidance on the filing of documents in official files, case files pertaining to separations, discharge or retirements together with the soldiers acknowledgment are deemed to be appropriate documents for filing. Moreover, such documentation provides an unbroken, historical record of a members service and is, therefore, important in protecting the interest of both the soldier and the Army.
3. Whether the accusations that led to the board action were valid is moot since he chose to retire rather than pursue them. Nevertheless, keeping the documents that led to his decision is a proper records maintenance function that ensures complete career information will be available for future review. Furthermore, he has presented no compelling reasons why these events should be removed from the historical record.
4. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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