RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 August 2007
DOCKET NUMBER: AR20070010908
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Paul M. Smith
Chairperson
Mr. Rodney E. Barber
Member
Mr. Rowland C. Heflin
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, deletion of a memorandum Removal from Drill Sergeant Program with enclosures from his official military personnel file (OMPF).
2. The applicant states that he believes he was punished too harshly for the offenses he committed while performing his drill sergeant duties. He further contends that the intent of the memorandum has been met. He also states that since his removal from the drill sergeant program, he has moved in a positive direction and has demonstrated that he can perform at a higher standard.
3. The applicant provides copies of his letter of apology, letters of recommendation, and the findings of the Department of the Army Suitability Evaluation Board (DASEB).
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 1 August 2003, the applicant was given a "Letter of Concern" for physically threatening a Soldier; using profanity on numerous to Soldiers-in-training; forcing a company of Soldiers-in-training to depart the dining facility within 5 minutes of arrival while conducting kitchen police duties, thus causing the company to return Soldiers-in-training to the dining facility a second time to receive the proper time to eat; and for administering physical training in a manner not in accordance with the training regulation.
3. On 1 May 2004, the applicant received a "Letter of Reprimand" for sexual belittlement and harassment of female Soldiers-in-training.
4. On 16 July 2004, the applicant was removed from the drill sergeant program for failure to maintain military conduct and a pattern of misbehavior not conducive to the initial entry training environment. The documentation for this action was filed in the performance section of the applicants OMPF.
5. On 26 June 2007, the DASEB considered the applicants request to move the Drill Sergeant Program Removal Memorandum with enclosures to the restricted section of his OMPF. The DASEB considered the applicants entire record and the best interests of the United States Army, and voted to deny his request.
6. 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 that the applicant was removed from the Drill Sergeant Program for misbehavior. Documentation of this action was properly filed in his OMPF.
2. The DASEB denied the applicants request to move the Drill Sergeant Program Removal Memorandum from the performance section to the restricted section of his OMPF.
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 remove this documentation from 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 FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__PMS__ __REB__ ___RCH _ 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.
___ Paul M. Smith____
CHAIRPERSON
INDEX
CASE ID
AR20070010908
SUFFIX
RECON
DATE BOARDED
20070828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
134.0200
2.
3.
4.
5.
6.
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