RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080000974
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 a U. S. Army Criminal Investigation Command (CID) Report of Investigation, dated 11 February 1992, be removed from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that the charge was dismissed for lack of evidence, that the disposition was determined to be a Dead Docket, and that no conviction was levied. He contends that the CID report may prohibit and have a negative influence on his career if left in his records.
3. The applicant provides a DA Form 67-9 (Officer Evaluation Report) for the period covered from 26 October 2006 to 10 July 2007 and a Courts Automated Tracking System Disposition Query, dated 20 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 5 May 1985.
2. A CID Report of Investigation, dated 11 February 1992, shows the applicant was apprehended by civil authorities in Georgia on 31 January 1992 and charged with possession of crack cocaine after purchasing crack cocaine from an undercover police officer posing as a drug dealer.
3. There is no evidence of record which shows the applicant received any disciplinary action.
4. The applicant was promoted to captain on 10 February 2005.
5. A review of the applicants OMPF on the Integrated Personnel Electronic Records Management System revealed a copy of the CID report in question.
6. In support of his claim, the applicant provided a Courts Automated Tracking System Disposition Query, dated 20 August 2007, which shows his violation of the Georgia Controlled Substance Act was dismissed as a Dead Docket on
21 October 1997.
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and the Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that
authenticated extracts of completed investigation reports that have resulted in elimination or disciplinary action will be filed in the commendatory and disciplinary section.
DISCUSSION AND CONCLUSIONS:
The governing regulation states that completed investigation reports that have resulted in elimination or disciplinary action will be filed in the commendatory and disciplinary section. Since there is no evidence or record which shows the applicant received any disciplinary action, the CID report should be removed from his OMPF.
BOARD VOTE:
RL____ __GP____ _SF_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 removing the CID Report of Investigation, dated 11 February 1992, from his OMPF.
2. In accordance with Army Regulation 15-185, following completion of the administrative corrections directed herein, this Record of Proceedings and all documents related to this appeal be returned to this Board for permanent filing.
____ RL__________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000974
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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