RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2005
DOCKET NUMBER: AR20040010780
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Eric N. Anderson | |Member |
| |Ms. Carol A. Kornhoff | |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 a summary court-martial (SCM)
Order be transferred from the performance (P-Fiche) to the restricted (R-
Fiche) portion of his Official Military Personnel File (OMPF).
2. The applicant states, in effect, the SCM documents a single incident
that occurred 23 years ago and he is concerned this information could
adversely impact his promotion potential. He states he served in Operation
Desert Storm and he is currently deployed in Afghanistan supporting his
country again.
3. The applicant provides no documentary evidence in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he is currently serving on active duty in
an
Active Guard Reserve (AGS) status, in the rank of sergeant first class
(SFC), at
the 221st Ordnance Company, Fort Wayne, Indiana.
2. The applicant’s record contains a copy of Headquarters, 2nd Squadron,
1st Cavalry, 2nd Armored Division, SCM Orders Number 21, dated 27 August
1981. These orders confirm the applicant was found guilty of violating
Article 134 of
the Uniform Code of Military Justice (UCMJ) by wrongfully communicating a
threat to another Soldier.
3. Army Regulation 600-8-104 (Military Personnel Information
Management/Records) prescribes the policies and mandated operating tasks
for the Military Personnel (MILPER) Information Management/Records Program
of the Military Personnel System. Chapter 2 contains guidance on the OMPF.
Table 2-1 outlines the composition of the OMPF. It states, in pertinent
part, that
court-martial orders will be filed in the P-Fiche of the OMPF when there is
an approved finding of guilty on at least one specification. There are no
provisions for transferring court-martial orders to the R-Fiche portion of
the OMPF.
4. Army Regulation 600-37 (Unfavorable Information) sets forth policies
and procedures on the authorization for placement of unfavorable
information about Army members in individual official personnel files. It
also contains the policy for appealing/petitioning for removal from or
transfer of documents in the OMPF. It provides provisions for
removing/transferring letters of reprimand, admonition, censure, and
Article 15s. However, there are no provisions provided for the removal or
transfer of a court-martial order.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s request to transfer a 1981 SCM order from the P-Fiche
to the R-Fiche of his OMPF because it could adversely impact his promotion
potential was carefully considered. However, regulations governing the
composition of the OMPF and the removal from or transfer of unfavorable
information provide no provisions that allow a transfer of court-martial
orders to the R-Fiche. Further, it appears the proper filing of the
document in question has not adversely impacted the applicant’s promotion
potential, as evidenced by the fact he has been promoted through the rank
of SFC while the SCM has been filed in the P-Fiche of his OMPF. Therefore,
there is an insufficient evidentiary basis to support transferring this
properly filed document to the R-Fiche portion of his OMPF at this time.
2. 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
___JNS__ ___ENA_ ___CAK_ 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.
___John N. Slone______
CHAIRPERSON
INDEX
|CASE ID |AR20040010780 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/13 |
|TYPE OF DISCHARGE |N/A |
|DATE OF DISCHARGE |N/A |
|DISCHARGE AUTHORITY |N/A |
|DISCHARGE REASON |N/A |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |126.0400 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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