RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050011689


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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, removal of Headquarters, United
States Army Medical Department Center & School and Fort Sam Houston, Texas
General Court-Martial Orders Number (#) 3, dated 27 March 2002, from his
Official Military Personnel File (OMPF).

2.  The applicant states, in effect, he continues to be punished by having
the GCM order on file in his OMPF.  Further, the GCM order being on file in
his OMPF adversely impacts his opportunity for promotion.

3.  The applicant provides the following in support of his application:
Commander Memorandum of Support; Command Sergeant Major (CSM) Memorandum of
Support; Army Legal Services Agency Letter, dated
18 April 2002; Headquarters, United States Army Medical Department Center &
School and Fort Sam Houston GCM Orders #3, dated 27 March 2002;
Four Noncommissioned Officer Evaluation Reports (NCOERs); Enlistment
Document (DD Form 4/1); Statements for Enlistment (DA Form 3286-E); and
Request for Reenlistment or Extension (DA Form 3340-R).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he is currently serving on active duty, in
      the
rank of staff sergeant (SSG), and is serving as a member of Task Force Med
115, Abu Ghraib, Iraq.

2.  The applicant’s record contains a copy of Headquarters, United States
Army Medical Department Center & School and Fort Sam Houston, GCM Orders #
3 , dated 27 March 2002.  These orders confirm the applicant was found
guilty of two specifications of violating Article 92 of the Uniform Code of
Military Justice (UCMJ) by wrongfully having an inappropriate relationship
with two Soldiers of a different rank (trainees).

3.  The applicant provides memoranda of support from his commander and CSM
in Iraq.  Both command officials give the applicant their highest
recommendation and support his request to remove the GCM order from his
OMPF, or moved from the performance portion (P-Fiche) to the restricted
portion (R-Fiche) of the applicant’s OMPF.

4.  Army Regulation 600-8-104 (Military Personnel Information Management
/Records) prescribes the policies and mandates 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.

5.  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 remove the GCM orders in question from his
OMPF, or to transfer these orders from the P-Fiche to the R-Fiche of his
OMPF, and the supporting documents he submitted were carefully considered.
However, regulations governing the composition of the OMPF and the
removal or transfer of unfavorable information provide no provisions that
allow removal of court-martial orders from the OMPF, or their transfer to
the R-Fiche.

2.  The supporting statements from the applicant’s commander and CSM are
noteworthy and were also carefully considered.  However, the evidence of
record confirms the applicant’s court-martial was accomplished within the
governing laws and regulation and his rights were fully protected
throughout the process.  Therefore, there is an insufficient evidentiary
basis to support removal or transfer of this properly filed document from
the OMPF.

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 this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS__  ___LDS_  ___KWL_  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                 |AR20050011689                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-18                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |Active Duty                             |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |126.0400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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