RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060012401


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 the college transcript from the
University of Maine at Fort Kent be removed from his Official Military
Personnel File (OMPF).

2.  The applicant states, in effect, that he attended the University of
Maine in 1997 and in mid-semester he elected to transition from the Army
National Guard to active duty.  He adds that he withdrew from the term
because he would not be able to complete his classes due to his May 1997
reporting date to Fort Gordon, Georgia.  He also offers, in effect, that
the college administrative staff claims that it never received his
withdrawal form; consequently, he received final grades for his courses.
The applicant also states that, subsequent to a local update of his
military personnel records at his servicing personnel service support
battalion, the college transcript was mistakenly sent to the custodian of
his OMPF.  The applicant states, in effect, that he did not intend for this
document to be added to his OMPF because his official record should only
contain items that support his performance during active service and this
document does not.

3.  The applicant provides a copy of his Enlisted Record Brief (ERB), dated
22 August 2006; University of Maine at Fort Kent, Fort Kent, Maine,
Academic Transcript, dated 24 June 2004; and electronic mail (email)
message from an official at the U.S. Army Enlisted Records and Evaluation
Center, Indianapolis, Indiana, dated 21 August 2006, subject:  Correction
of OMPF.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
Maine Army National Guard on 28 November 1995 and was ordered to active
duty for training on 7 August 1996.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 13B (Cannon Crewmember).

2.  On 15 May 1997, the applicant enlisted in the U.S. Army in the grade of
rank of sergeant/pay grade E-5 and was trained and reclassified into MOS
74B (Information Systems Operator Analyst).  The applicant was promoted to
the grade of rank of staff sergeant/pay grade E-6 on 1 September 2004 and
was serving in that grade at the time of his application to this Board.

3.  The applicant's military service records contain a copy of his DD Form
4 (Enlistment/Reenlistment Document - Armed Forces of the United States),
dated 15 May 1997, along with allied enlistment documents.  The DD Form
1966 (Record of Military Processing - Armed Forces of the United States),
dated
23 April 1997, contains personal data and information provided by the
applicant at the time of his enlistment processing.  Section III (Other
Personal Data), Item 22 (Education) shows, in pertinent part, that the
applicant indicated that from January 1997 to the present (i.e., 23 April
1997) he attended the University of Maine at Fort Kent, Fort Kent, Maine.
Item 24 (Previous Military Service or Employment with the U.S. Government),
section a (Are you now or have you ever been in any regular or reserve
branch of the Armed Forces or in the Army National Guard or Air National
Guard?) of this document shows that the applicant placed an "X" and his
initials in the "Yes" column.  In addition, in Section VI (Remarks) the
applicant entered "24(A)  Maine Army National Guard.  Nov 95 to Present."

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies, operating tasks, and steps governing the OMPF.

Paragraph 2-1 (When to initiate the OMPF) states that the OMPF is initiated
when the Soldier becomes a member of any Army Component.  The responsible
custodian is determined by the Soldier's status during entry.  Paragraph 2-
7 (Continued use of the OMPF) of this Army regulation provides, in
pertinent part, that once started, the OMPF will be continued in use.  This
paragraph also provides that the OMPF will be continued even if the Soldier
changes grade, Army Components, enlists or reenlists within 24 hours after
discharge, and/or changes status within an Army Component (such as, Active
Army enlisted to Active Army warrant officer, Active Army commissioned
officer to Active Army enlisted, and so forth).

5.  Army Regulation 600-8-104 provides that only those documents listed in
Table 2-1 and Table 2-2 are authorized for filing in the OMPF.  Depending
on the purpose, documents will be filed in the OMPF in one of three
sections:  performance, service, or restricted.  Table 2-1 (Composition of
the OMPF) of Army Regulation 600-8-104 shows that, for enlisted Soldiers,
transcripts of credit from civilian colleges, universities, trade schools,
or business schools are filed in the performance section of the OMPF.

6.  Army Regulation 600-8-104, paragraph 2-4 (Changing the OMPF), provides
that once placed in the OMPF, the document becomes a permanent part of that
file.  The document will not be removed from, or moved to another part of,
the OMPF unless directed by one of the following:  (1) the Army Board for
Correction of Military Records (ABCMR); (2) Department of the Army
Suitability Evaluation Board (DASEB); (3) Army appeal boards; (4) Chief,
Appeals and Corrections Branch (for active duty Soldiers), U.S. Army Human
Resources Command (USA HRC), Alexandria, Virginia; (5) the OMPF custodian
when documents have been improperly filed; (6) Commander, USA HRC, ATTN:
TAPC-PDO-PO, Alexandria, Virginia, as an approved policy change to this
regulation; (7) Chief, Appeals Branch (for U.S. Army Reserve Soldiers), USA
HRC, St. Louis, Missouri; or
(8) Chief, Appeals Branch, National Guard Personnel Center.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the college transcript from the
University of Maine at Fort Kent should be removed from his OMPF because
the transcript is not accurate in that it does not reflect that he withdrew
from the college during the spring 1997 semester.  He also contends, in
effect, that his OMPF should only contain documents that support his
performance during his active duty service.

2.  The evidence of record shows that the applicant was enrolled at the
University of Maine at Fort Kent, Fort Kent, Maine, while he was a member
of the Army National Guard and at the time of his processing for enlistment
in the U.S. Army. The evidence of record also shows that the OMPF is
initiated when the Soldier becomes a member of any Army Component and, once
started, the OMPF will be continued in use.   In the applicant's case, his
OMPF was started when he enlisted in the Army National Guard on 28 November
1995 and continued in use when he enlisted in the U.S. Army on 15 May 1997.

3.  The evidence of record shows that the governing Army regulation
authorizes the filing of college transcripts in the OMPF.  The evidence of
record also shows that the applicant's college transcripts are filed in the
performance section of his OMPF.  There is no provision in the Army
regulation that provides that only those college transcripts that support
the Soldier's performance during his active duty service will be filed in
the OMPF.  Therefore, the college transcript is properly filed in the
performance section of his OMPF.

4.  By regulation, in order to remove a document from the OMPF, there must
be clear and convincing evidence showing that the document is untrue or
unjust.  The applicant provided no such evidence to this Board that the
document is untrue or unjust in this case.  Therefore, the applicant is not
entitled to have the college transcript from the University of Maine at
Fort Kent, Fort Kent, Maine, dated 24 June 2004, removed from his OMPF.

5.  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.

6.  The applicant is advised that, if the college transcript is in error
and requires correction, he should contact the University of Maine at Fort
Kent, Fort Kent, Maine, with respect to seeking correction of the college
transcript.  Then, if the university issues a "corrected copy" of the
transcript, the applicant may have it forwarded to the custodian of his
OMPF for appropriate action concerning the filing of the corrected college
transcript in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MMD__  __JCR___  ___RDG_  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.




                                  ____Melinda M. Darby_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012401                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |134.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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