IN THE CASE OF:
BOARD DATE: 05 FEBRUARY 2009
DOCKET NUMBER: AR20080019422
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in two separate applications, that General
Court-Martial Order Number 11, dated 5 March 1998, be removed from his official military record.
2. The applicant states that he was found not guilty of the offense for which he was charged, therefore, it should be removed from his official record. He states that at the bottom of the order it states that all rights, privileges and property of which the accused has been deprived by virtue of the proceedings will be restored.
3. The applicant provides in support of his application, a copy of General
Court-Martial Order Number 11.
CONSIDERATION OF EVIDENCE:
1. On 11 August 1994, the applicant enlisted in the Regular Army in Columbia, South Carolina, for 3 years, in the pay grade of E-1. He successfully completed his training as a cannon crewmember. He reenlisted in the Army for 3 years on 7 August 1997 and he was assigned to A Battery, 4th Battalion, 42nd Field Artillery, 4th Infantry Division (Mechanized), Fort Hood, Texas.
2. On 20 February 1998, the applicant was tried and found not guilty, pursuant to his plea, by a general court-martial of conspiring with two other individuals to commit larceny of United States currency, of a value in excess of $9,650.00, property of the Army Air Force Exchange Service, by introducing an individual to Soldiers who were recruited to cash stolen American Express money orders and to solicit others to do the same on divers occasions from 1 November 1996 to 1 January 1997. The convening authority directed that all rights, privileges, and property of which the applicant had been deprived by virtue of the proceedings, be restored.
3. The applicant is currently on active duty as a member of the Regular Army.
4. A review of the information contained in the interactive Personnel Electronic Records Management System (iPERMS) shows that General Court-Martial Order Number 11 was published on 5 March 1998 reflecting the charge, specification and findings and that the order is filed on his restricted fiche in iPERMS.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides that court-martial orders will be filed on the performance 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 restricted fiche. If all charges and specifications are later dismissed or if all findings of guilty have been reversed in a supplemental order, remove all related orders from the performance fiche, then transfer them to the restricted fiche.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that General Court-Martial Order Number 11 should be removed from his official military record based on the not guilty findings.
2. The applicants contentions have been considered. However, in accordance with Army Regulation 600-8-104, if all approved findings are not guilty, court-martial orders are to be filed on the restricted fiche. General Court-Martial Order Number 11 is appropriately filed on the applicants restricted fiche in iPERMS in accordance with the applicable regulation.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. 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
___X_____ ___X_____ ___X_____ 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.
_______ _ XXX_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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