RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070010041


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 a memorandum dated 9
October 2003 and a DA Form 4187 (Personnel Action) dated 2 October 2003,
from the performance (P-fiche) portion of his official military personnel
file (OMPF) and place in the restricted (R-fiche) portion of his OMPF.

2.  The applicant states, in effect, he desires that all documents relating
to his removal from the Drill Sergeant Program be moved to his R-fiche.  He
also states that while he is capable of advancing in the Army, the
continued presence of these documents are hindering him from advancing to
his full potential

3.  The applicant provides a copy of a memorandum dated 9 October 2003; a
DA Form 4187, dated 2 October 2003; the findings of the Department of the
Army Suitability Evaluation Board (DASEB); and a self-authored statement in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  At the time of his request, the applicant was on active duty in the
Regular Army, serving in the rank of staff sergeant, pay grade E6.

2.  On 9 October 2003, the applicant was removed from the Drill Sergeant
Program based on the outcome of an Army Regulation (AR) 15-6 investigation.
 The applicant’s Drill Sergeant Identification Badge and skill
qualification identifier (SQI) “X” were withdrawn in accordance with AR 614-
200, paragraph 8-18d(4).  The documentation for this action was filed in
the performance section of the applicant’s OMPF, the Career Management
Information File (CMIF), and the local unit file.

3.  On 15 October 2003, the applicant acknowledged receipt of the
memorandum removing him from the Drill Sergeant Program and elected not to
appeal the decision.

4.  On 15 December 2005, 12 January 2006, and 18 January 2007, the DASEB
considered the applicant’s request to move the Drill Sergeant Program
Removal Memorandum with enclosures to the restricted portion of his OMPF.
The DASEB considered the applicant’s entire record and voted to deny his
request on each occasion.



5.  Army Regulation 600-8-104 (Military Personnel Information Management
Records) provides, in pertinent part, that all personnel information
recorded under the authority of this regulation is the property of the
United States Government.  Once recorded, it will not be removed except as
provided by law or this regulation.  Types of authorized military personnel
files are the Official Military Personnel File (OMPF), Military Personnel
Records Jacket (MPRJ), Career Management Individual File (CMIF), and the
Classified Personnel Record (CPR).  Once placed in the OMPF, the document
becomes a permanent part of that file.  The document will not be removed
from a fiche or moved to another part of the fiche unless directed by one
or more of the following: (1) The Army Board for Correction of Military
Records (ABCMR); (2) The Department of the Army Suitability Evaluation
Board (DASEB); (3) Army appeal boards; (4) Chief, Appeals and Corrections
Branch, Human Resources Command (5) The OMPF custodian when documents have
been improperly filed; (6) Commander, Human Resources Command, ATTN: HRC-
PDO-PO, as an approved policy change to this regulation; (7) Chief, Appeals
Branch, Human Resources Command, St. Louis, Missouri ; (8) Chief, Appeals
Branch, National Guard Personnel Center.   Documents designated for
transfer from the performance or service fiche will be put on the
restricted fiche, if authorized.  When discovered by the custodian or
requested by the Soldier concerned, transfer restricted fiche documents
mistakenly filed on the performance or service fiche to the restricted
fiche.  Unless approved by the Deputy Chief of Staff, Personnel or by the
Human Resources Command Promotions Branch, this action does not justify
standby or special selection board consideration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was removed from the Drill
Sergeant Program as a result of an AR 15-6 investigation.  Documentation of
this action was properly filed in the performance portion of his OMPF.

2.  The DASEB denied the applicant’s request to move the Drill Sergeant
Program Removal Memorandum from the performance portion to the restricted
portion of his OMPF on three separate occasions.

3.  The applicant has not provided any new evidence or compelling argument
to show that it is in the best interest of the United States Army to move
this documentation to the restricted portion of his records.



4.  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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant's request

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___TAP__  ___ENA_  ___PMS _  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.




                _Thomas A. Pagan_
                    CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20070010041                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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