RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 October 2005
DOCKET NUMBER: AR20050008033
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. Eric S. Moore | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Ms. Jeanette R. McCants | |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 30 November 2001 court-
martial order showing he was acquitted of all charges be expunged from the
restricted portion of his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that he was unaware that the document
located in his restricted file could be seen by anyone.
3. The applicant provides a copy of the court-martial order; a 9 November
2000 promotion order to sergeant; a Statement of Entitlement to Selective
Reenlistment Bonus; and a Request for Reenlistment or Extension in the
Regular Army.
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty on 2 April 1996 and was promoted to
staff sergeant/pay grade E-6 on 1 August 2003.
2. On 2 November 2001, the applicant was found not guilty at Fort Sill,
Oklahoma on sex related charges.
3. The court-martial order is filed on the restricted portion of the
applicant's OMPF.
4. Army Regulation 600-8-104 (Military Personnel Information
Management/Records) states that court-martial orders are to be filed on the
restricted fiche if all approved findings are not guilty. Additionally, in
cases with guilty findings, if all charges and specifications are later
dismissed or if all findings of guilty have been reversed in a supplemental
order, all related orders are removed from the performance fiche and
transferred to the restricted fiche.
5. Army Regulation 600-8-104 also states that the restricted portion of
the OMPF is for historical data that may normally be improper for viewing
by selection boards or career managers. The release of information on this
fiche is controlled. Documents on this fiche are those that must be
permanently kept to maintain an unbroken, historical record of a member's
service, conduct, duty performance, and evaluation periods and are intended
to protect the interest of the Soldier and the Army. Once placed in the
OMPF, the document becomes a permanent part of that file.
DISCUSSION AND CONCLUSIONS:
1. The court-martial order is properly filed and as such no error or
injustice exists. The actions by the Army in this case were proper, and
there is no doubt to be resolved in favor of the applicant.
2. Although the applicant may perceive that retention of the order on his
restricted fiche might somehow be prejudicial to his career, there is no
evidence to support such a conclusion. Rather, retention of the order
protects the applicant and the Army's interest by ensuring that a complete
record of the facts is maintained.
3. 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 that requirement. Therefore, there is
no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___jrm __ ___jbg __ ___jtm __ 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 T. Meixell________
CHAIRPERSON
INDEX
|CASE ID |AR20050008033 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051020 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |MR CHUN |
|ISSUES 1. |126.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 20040000318C070208
The applicant requests that a record of nonjudicial punishment (Article 15) and a service school academic evaluation report (AER) be expunged from his OMPF (Official Military Personnel File). Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). There is no injustice in maintaining the...
ARMY | BCMR | CY2007 | 20070013467
The applicant provided a self-authored letter, dated 15 September 2007; a copy of General Court-Martial Order Number 2, dated 5 January 2001; and two letters of recommendation from his battalion commander and battalion command sergeant major (CSM), in support of his application. Table 2-1 (Composition of the OMPF) of this Army regulation shows that General Court-Martial Orders are filed on the P fiche when there is an approved finding of guilty on at least one specification. As a result,...
ARMY | BCMR | CY2004 | 2004100689C070208
The applicant requests, in effect, that the notification of his removal from the promotion selection list dated 26 June 2001 be removed from his Official Military Personnel File (OMPF). This memorandum was filed in the applicant's P- fiche and not in the R-fiche, as it should have been. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: transferring the Memorandum from the U.S. Total Army Personnel Command, which notified...
ARMY | BCMR | CY2005 | 20050001497C070206
The applicant requests, in effect, that a 3 March 1993 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF). The record of NJP is filed in accordance with the applicable Army regulation. While it is unfortunate the applicant was not selected for promotion to pay grade E-8, the Board does not correct a record without evidence of an error or injustice.
ARMY | BCMR | CY2005 | 20050001497C070206
The applicant requests, in effect, that a 3 March 1993 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF). The record of NJP is filed in accordance with the applicable Army regulation. While it is unfortunate the applicant was not selected for promotion to pay grade E-8, the Board does not correct a record without evidence of an error or injustice.
ARMY | BCMR | CY2004 | 2004105588C070208
The applicant requests that the record of nonjudicial punishment (Article 15) be removed from the restricted portion of his official military personnel file (OMPF). His commanding officer directed that the record of punishment be placed in the applicant's restricted fiche. Documents on the restricted fiche are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; record investigation...
ARMY | BCMR | CY2006 | 20060007920C070205
Item 5 of this document also shows that the commander directed that the DA Form 2627 be filed in the restricted section of the applicant's OMPF. This document, along with the document requesting the applicant's OMPF, is filed in the restricted section of the applicant's OMPF. The applicant did not appeal the non- judicial action, the TF 1-18 IN commander directed the punishment be effected, and the DA Form 2627 be filed in the restricted fiche (i.e., section) of the applicant's OMPF.
ARMY | BCMR | CY2004 | 20040000806C070208
The appeal correspondence was directed to be placed in the applicant’s restricted fiche, and stated that promotion consideration was not applicable. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). The applicant's contention that the NCOER, even as corrected, would be damaging to her...
ARMY | BCMR | CY2005 | 20050011715C070206
Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). The commander's decision whether to file a record of nonjudicial punishment on the performance section of a Soldier's Official Military Personnel File (OMPF) is as...
ARMY | BCMR | CY2002 | 2002076558C070215
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. New evidence unquestionably exculpating the individual is a cited example whereas the fact that a soldier's subsequent performance has been exemplary or that the punishment adversely effects the career potential...