| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Deborah S. Jacobs | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That the statements in items 18a (Arrests) and 18b (List details of “Yes” answers) on his DD Form 398-2 (National Agency Questionnaire) be removed from his Official Military Personnel File (OMPF).
APPLICANT STATES: That these statements contain information that do not represent him or his character. In support of his application, he submits a supplemental letter and a copy of his DD Form 398-2.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant is currently serving on active duty in the rank of sergeant.
He enlisted in the Regular Army on 1 February 1996 for a period of four years at the Military Entrance Processing Station (MEPS) located in Brooklyn, New York.
Prior to his enlistment, the applicant completed a National Agency Questionnaire (DD Form 398-2). In item 18a of this form, he initialed the “Yes” block and indicated in item 18b that he had been arrested in July 1986 for resisting arrest. He further indicated in item 18b that the offense had taken place in Rye, New York and that he had admitted to the offense.
The applicant signed the form on 11 October 1995 certifying that the entries made by him were true, complete, and accurate to the best of his knowledge and belief and were made in good faith. He acknowledged that he understood that a knowing and willful false statement on this form could be punished by fine or imprisonment or both.
Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by: the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.
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 Board noted the applicant’s contention that the statements on his National Agency Questionnaire (DD Form 398-2) contain information that do not accurately represent him or his character. However, the applicant’s own signature attested that the statements in items 18a and 18b were true and accurate.
2. There is no evidence that the National Agency Questionnaire (DD Form 398-2) was improperly filed in his Official Military Personnel File.
3. Based on the foregoing, there is no basis for removal of the statements in items 18a and 18b of the applicant’s National Agency Questionnaire (DD Form 398-2) in his Official Military Personnel File.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's 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
GDP______ REB_____ DSJ_____ DENY APPLICATION
| CASE ID | AR2001063807 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020326 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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