RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070013467 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

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 to have a General Court-Martial Order moved from the performance fiche (P-fiche) of his Official Military Personnel File (OMPF) to the restricted fiche (R-fiche).

2.  The applicant states that the General Court-Martial Order filed in his P-fiche of his OMPF prevents him from competing for consideration for promotion to sergeant first class (SFC)/E-7.  He further adds that the incident for which he was found guilty was a minor one that happened seven years ago and therefore has served its purpose.  He concludes that he has maintained a clean record since that conviction.  

3.  The applicant provided a self-authored letter, dated 15 September 2007; a copy of General Court-Martial Order Number 2, dated 5 January 2001; and two letters of recommendation from his battalion commander and battalion command sergeant major (CSM), in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army on 21 January 1992.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist), which was later renamed as 42A (Human Resources Specialist).  He was assigned to the 720th Military Police Battalion, Fort Hood, Texas, from January 1999 to December 2001.

2.  On 5 January 2001, the applicant pled not guilty at a General Court-Martial to one specification of striking another vehicle with his vehicle and causing in excess of $100 damage and three specifications of assault, on 12 November 2001.  The Court found the applicant guilty of one specification of striking another vehicle with his vehicle and causing in excess of $100 and not guilty of the assault specifications.  The Court did not sentence the applicant to any punishment.   

3.  Headquarters, III Corps and Fort Hood, Fort Hood, Texas, General Court-Martial Orders Number 2, dated 5 January 2001, was filed in the performance fiche (P-fiche) of his OMPF.

4.  The applicant was promoted to staff sergeant (SSG)/E-6 on 1 February 2003. 



5.  In his self-authored statement, dated 15 September 2005, the applicant stated that he did not allow the incident to hinder his performance.  He further adds that he continued to do his job to the best of his knowledge and believes that the Court-Martial being on his performance fiche has served its purpose.  He concludes that moving the order to the restricted fiche would allow him to compete for promotion to SFC/E-7.

6.  In a statement, dated 11 June 2007, the applicant's battalion commander stated that he finds the applicant's character, integrity, and professionalism to be beyond reproach.  He further adds that the applicant single-handedly formed the battalion personnel section as the battalion formed and deployed to Afghanistan. The battalion commander strongly recommended the Court-Martial Order be moved to the restricted fiche to allow the applicant to compete for promotion to SFC/E-7.

7.  In a statement, dated 9 June 2007, the applicant's battalion CSM considers the applicant as "without a doubt one of the best 42A (Human Resources Specialist) SSGs that I have personally had the honor of serving with in my 20 years of service." The battalion CSM adds that the applicant is a true asset to the organization, has demonstrated his ability to function at the highest levels of leadership, and must be permitted to compete for SFC/E-7. 

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the Official Military Personnel File (OMPF).  Chapter 2 of this Army regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) of this Army regulation shows that General Court-Martial Orders are filed on the P fiche when there is an approved finding of guilty on at least one specification.  If all approved findings are not guilty, file the order on the R fiche.  If all charges and specifications are later dismissed or if all findings of guilty have been reversed in a supplemental order, all related orders are removed from the P fiche and transferred to the R fiche.

9.  Army Regulation 600-8-104 also provides guidance concerning the restricted section of the OMPF.  It states, in pertinent part, that the restricted section is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of the information in the restricted section is controlled and not routinely released to promotion selection boards.  This Army regulation also states that documents authorized for filing in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and corrections to other parts of the OMPF (emphasis added).  It also serves to protect the interest of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he wishes to have a General Court-Martial Order moved from the performance fiche to the restricted fiche of his OMPF.

2.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

3.  With respect the applicant's request, there is no doubt that after his mishap in 2001, the applicant has rebounded in an outstanding manner as evidenced by his excellent NCO Evaluation Reports; superior service school academic evaluation report; promotion to SSG/E-6; awards of the Parachutist Badge, Senior Parachutist Badge, and Combat Action Badge; and recent deployment in support of Operation Enduring Freedom.

4.  The applicant's date of rank to SSG/E6 is 1 February 2003.  He is in the primary zone for consideration for promotion to SFC/E-7.  However, the existence of the General Court-Martial Order on his performance fiche is a detractor that sticks out as soon as his records are reviewed.  There is no harm to the Army or to the Soldier if the General Court-Martial Order is moved to the restricted fiche.  Therefore, in the interest of justice and as exception to policy, the applicant is entitled to a relief. 

BOARD VOTE:

__cd____  __cad___  __rdg___  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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by moving General Court-Martial Orders Number 2, dated 5 January 2001 from the performance fiche (P-fiche) of his Official Military Personnel File (OMPF) to the restricted fiche (R-fiche).




							Carmen Duncan
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070013467
SUFFIX

RECON

DATE BOARDED
20071030
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
134.0200
2.

3.

4.

5.

6.