RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20080004284
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:
M
Chairperson
M
Member
M
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 removal of a Notice of Court-Martial Order Correction from his Official Military Personnel File (OMPF).
2. The applicant states that his OMPF erroneously contains an amendment order, dated 22 December 2006, to a General Court-Martial Order that was issued in 2004 and belongs to another Soldier. He further adds that although this document contains his Social Security Number, he did not enter the Army until 2007 and believes the Notice belongs to another Soldier with the same name.
3. The applicant provided the following additional documentary evidence in support of his application:
a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 17 January 2007.
b. Copy of his Birth Certificate, issued on 28 August 1992.
c. Copy of his Social Security Card.
d. Copy of Notice of Court-Martial Order Correction, dated 22 December 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 4 November 2006 for a period of 8 years under the Delayed Entry Program (DEP). He enlisted in the Regular Army for a period of 4 years and 19 weeks on 17 January 2007. He holds military occupational specialty (MOS) 21B (Combat Engineer) and is currently assigned to A Company, 1st Brigade Support Troop Battalion (1BSTB), 1st Brigade Combat Team (1BCT), 82nd Airborne Division, in Iraq.
2. The applicant's OMPF includes a copy of Notice Of Court-Martial Correction, correcting the "adjudged date " of a previously published General Court-Martial Order, dated 19 July 2004, prior to the applicant's entry in military service.
3. Army Regulation 600-8-104 (Military Personnel Information Management /Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System. 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 performance portion of the OMPF when there is an approved finding of guilty on at least one specification. Paragraph 2-4 contains guidance on changing the OMPF. It indicates, in pertinent part, that the Army Board for Correction of Military Records (ABCMR) may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant's OMPF contains a Notice of Court-Martial Order Correction document that belongs to another Soldier with the same name. This Notice is mistakenly filed on the applicant OMPF. Therefore, to protect the interests of the Soldier and the Army, this document should be removed from the applicant's OMPF.
BOARD VOTE:
__tsk___ __jlp___ __dwt___ 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 removing Notice of Court-Martial Order Correction, dated 22 December 2006 from the applicant's Official Military Personnel File.
TSK
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080004284
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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