SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050014060
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 19 July 2005 were affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. W. W. Osborn, Jr. | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 19 July 2005.
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. Patrick H. McGann, Jr. | |Member |
| |Ms. Carol A. Kornhoff | |Member |
The Board considered the following additional evidence:
Exhibit C - Memorandum from applicant
Exhibit D - Prior Record of Proceedings
CONSIDERATION OF ADDITIONAL EVIDENCE:
11. On 28 September new information was received from the applicant, in
regard to the decision of the Army Board for Correction of Military Records
(ABCMR) in Docket Number AR20040006781, dated 15 July 2005.
12. The evidence submitted consists of a memorandum from the applicant to
the effect that filing the Board's previous decision in the restricted
portion of his Official Military Personnel File (OMPF) had caused him more
harm than good. He also stated, "My Official Military Records were
adequate prior to writing to the Army Board of Corrections."
13. Army Regulation 600-8-104 (Military Personnel Information Management/
Records Table 2-1 (Composition of the OMPF) provides that ABCMR decisions
and related documents are to be filed on the "R" fiche. Paragraph 2-6c
provides that "c. All or part of the R fiche may be given to other
requesters who, by the authority of the CG, PERSCOM, the Commander,
ARPERCEN, or Commander, ARNG Personnel Center, have a fully justified need
for the information. OMPF custodians are delegated the authority to release
authenticated copies of the R fiche Article 15 for use in court-martial
proceedings when the specific documents requested are identified as
existing on the R fiche and the requested documents have not been filed on
the R fiche pursuant to action by the ABCMR…."
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR20040006781
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. It is not the practice or intent of this Board to disadvantage
applicants because they submitted an application. While Army Regulation
600-8-104 specifically provides that the Board's decision and associated
documents are to be filed in the restricted portion of the OMPF and further
provides that such documents are not to be furnished to other boards or
authorities, the applicant's fear that he has been disadvantaged by virtue
of his application is understandable.
8. Rather than prolong the unnecessary perception that the ABCMR foisted
an injustice upon the applicant, the Board's decision in Docket Number
AR20040006781 and all associated documents (less the subject documents that
the applicant originally sought to have removed) and this supplemental
decision and all associated documents should be expunged from the
restricted portion of his OMPF and any residue returned to this Board for
permanent filing.
BOARD VOTE:
__CAK__ __PHM __ __TSK__ 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 AR20040006781, dated 19 July 2005, to
enter in the restricted portion of the OMPF of the individual concerned
only the 27 July 2005 memorandum announcing denial of the request and to
return all other documents associated with AR20040006781 and this
supplement to the ABCMR for permanent filing
_ Ted S. Kanamine_______
CHAIRPERSON
INDEX
|CASE ID |AR20050014060 |
|SUFFIX | |
|RECON |20051013 |
|DATE BOARDED | |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |134.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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