SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2005
DOCKET NUMBER: AR20050009285
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 26 May 2005 were affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 26 May 2005.
| |Mr. Ted S.Kanamine | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Lawrence Foster | |Member |
The Board considered the following additional evidence:
Exhibit C – ABCMR Record of Proceedings AR20040006791 dated
26 May 2005.
CONSIDERATION OF ADDITIONAL EVIDENCE:
14. On 28 June 2005, the U. S. Army Human Resources Command – Indianapolis
informed the Board analyst that one of the applicant's requests, to expunge
his Article 15 from his Official Military Personnel File (OMPF), had not
been addressed in regard to the decision of the Army Board for Correction
of Military Records (ABCMR) in Docket Number AR20040006791 dated 26 May
2005.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20040006791
dated 26 May 2005 it was the intent of the ABCMR to make the applicant’s
record as administratively correct as it should properly have been at the
time.
7. The ABCMR's decision in Docket Number AR20040006791 had been based upon
a misreading of the filing instructions for an Article 15 that had been set
aside as contained in Army Regulation 27-10 (Military Justice).
8. Since the ABCMR concluded that the described flagrant violations of the
regulation in the applicant's case raised reasonable doubts that he had
committed the offense for which he was given the Article 15, it would be
equitable to expunge the Article 15 and all related documents from his OMPF
as though he had never accepted the Article 15.
BOARD VOTE:
__tsk___ __jtm___ __lf____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR20040006791 dated 26 May 2005 to add
paragraphs 2 and 3 as set forth below:
2. The Article 15 dated 18 April 2003 and all related documents
should be expunged from his Official Military Personnel File.
3. In accordance with Army Regulation 15-185, following completion
of the administrative corrections directed herein, the Record of
Proceedings of the Board (Docket Number AR20040006791 and this current
Record of Proceedings Docket Number 20050009285) and all documents related
to these two appeals be returned to this Board for permanent filing.
__Ted S. Kanamine_____
CHAIRPERSON
INDEX
|CASE ID |AR20050009285 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050719 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |126.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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