RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040006781


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that all references to an alleged
charge of housebreaking be purged from his records.

2.  The applicant states that the charge of housebreaking was unfounded and
no charges were ever filed.  He indicates that he has been denied
assignments as a drill instructor (DI) and as a recruiter.  His wife failed
to pay the outstanding traffic tickets referred to in the arrest report
while he was serving overseas during Operation Desert Shield/Desert Storm.

3.  The applicant provides copies of a DA Form 3974 (Military Police
Report), three documents from Tarrant County, Texas Records Management
Office, and a form letter to the applicant from the Army Criminal
Investigation Command (CIC), Fort Belvoir, Virginia.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 13 February 1990, completed
training and was awarded the military occupational specialty (MOS) 94B
(Food Service Specialist).  He has served on continuous active duty and is
currently a staff sergeant.

2.  The applicant's Official Military Personnel File (OMPF) contains a 21
October 1992 DA Form 3975 (Military Police Report) that indicates an
officer from the Fort Worth, Texas Police Department investigated a report
of housebreaking.  The officer was given a description of the stolen items
and the vehicle used.  The applicant was stopped while operating the
vehicle in question and the stolen items were located in the vehicle.  The
applicant was arrested and held overnight until he was able to post a
$12,500.00 bond.  The report indicates that during a background check it
was found that the applicant had outstanding traffic warrants amounting to
$430.00.  The report concludes with "Investigation continues by MCL."
There is no indication of any follow-up action or investigation.

3.  A 19 October 1993 DA Form 4833 (Commander's Report) indicates that on
18 August 1993 the applicant was involved in an alcohol related accident.
He was cited for drunk driving, failure to maintain proper insurance, and
failure to register his vehicle.  The DA Form 4833 indicates that the
applicant received nonjudicial punishment under Article 15, Uniform Code of
Military Justice for these offenses.  The OMPF does not contain a copy of
the Article 15 action.

4.  In the development of this case the CIC provided a 46-page packet of
information from their files.  The majority of the documents, 43 pages, are
related to the Line of Duty investigation of the 1993 alcohol related
accident.  This information is also located on the restricted portion of
his OMPF microfiche.  The remaining documents are the same as those
provided by the applicant and are not located on his OMPF fiche.

5.  A 13 August 2004 letter from the Tarrant County, Texas Records
Management Office indicates that, on 19 September 1992, the Fort Worth
Police arrested the applicant on a burglary charge.  The county records
indicate the applicant was released the following day with no charges
filed.  The letter indicates that there is no pending action on the arrest
and that charges were never filed.

6.  In a 31 August 2004 statement to his Congressman, the applicant states
he was arrested for housebreaking and outstanding traffic warrants on
19 September 1992.  The housebreaking charge was unfounded and no charges
were ever filed.  He requested that his case be expedited to allow him to
attend DI training school.

7.  A review of the applicant's OMPF reveals that the applicant has
received four Army Commendation Medals, five Army Achievement Medals, four
Good Conduct Medals, two Certificates of Achievement, and two Certificates
of Appreciation.

8.  Department of Defense Directive (DOD) Number 7730.46, dated October 15,
1996, established the Defense Incident Based Reporting System (DIBRS).
DIBRS was created to bring the DOD into compliance with the Uniform Federal
Crime Reporting Act of 1988, Victim's Rights and Restitution Acts of 1990
and 1994, and the Brady Handgun Act.  As the DOD central repository for
consolidation and reporting of incidents to the National Incident-Based
Reporting System (NIBRS) and the Federal Bureau of Investigation (FBI), it
standardizes data requirements so that all services and components can
report and share common information.  It establishes the reporting
framework so that the central repository can expect the same information
from all components.

9.  Requests for corrections to or deletion of records maintained by or
compiled by the DIBRS should be submitted as a Privacy Act Amendment
request to the Director, US Army Crime Records Center, ATTN: CICR-FP, 6010
6th Street, Fort Belvoir, Virginia 22060-5585.  The requestor must provide
sufficient information to disprove that the incident occurred as reported
(emphasis added).  If successful all records will be deleted from all
systems including the DIBRS.
10.  Army Regulation 15-185 (Army Board for Correction of Military
Records), paragraph 2-5 states that the ABCMR will not consider an
application until the applicant has exhausted all administrative remedies
to correct the alleged error or injustice.

DISCUSSION AND CONCLUSIONS:

1.  On 19 September 1992 a house was allegedly burglarized.  The items
reported stolen were later located in the car the applicant was driving.
The fact that no charges were filed does not indicate that the applicant
was not involved in the incident.  The applicant has provided no
information as to why no charges were filed when he appears to have been
arrested in possession of the reported stolen goods.

2.  The applicant's OMPF microfiche does not contain any reference to the
burglary charge or outstanding traffic warrants.  The applicant has
provided no evidence to show that the arrest report currently on file with
the CIC has had any adverse impact on the applicant's career or duty
assignments.

3.  The only negative incident currently in the applicant's OMPF is related
to the Line Of Duty investigation of the 1993 alcohol related accident.

4.  Because the information provided by the CIC is a part of the DIBRS
database, corrections to or deletion of documents in that system should be
addressed to the Army Crime Records Center.  Since there is no evidence
that the applicant has applied to that agency, he still has administrative
relief available and therefore, should address this aspect of his request
to the Army Crime Records Center before seeking to invoke the ABCMR's
jurisdiction.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TSK____  __JTM__  __LF____  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.





                                  _     Ted S. Kanamine________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |126.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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