IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20090000723
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 that derogatory evidence related to being absent without leave (AWOL) be relocated to the restricted portion of his record.
2. The applicant states that the documents have served their intended purpose and that relocating them to the restricted portion of his record would improve his chances for promotion. These documents do not reflect the kind of Soldier he is today. He took responsibility for his actions and has not been in trouble since that time. He has deployed three times with the 3rd Infantry Division with great results.
3. The applicant provides, in support of his request, a letter from the Department of the Army Suitability Evaluation Board to the effect that his identical request cannot be handled by that board.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a staff sergeant (SSG), pay grade E-6, with approximately 8 years and 6 months of active duty service.
2. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces) presently filed in the service and restricted portions of his official military personnel file (OMPF) in interactive Personnel Electronic Record Management System (iPERMS) shows he was a private, E-2, with 10 months of active duty service when he went AWOL on 5 July 2001.
3. A DA Form 4187 (Personnel Action), dated 5 August 2001 [filed in the service portion of his OMPF] indicates that he had been AWOL for more than 30 days.
4. Summary court-martial charges for desertion were prepared on a DD Form 458 [filed in the service and restricted portions of his OMPF] and were preferred on 21 August 2001. A DD Form 616 (Report of Return of Absentee) [filed in the service, performance and restricted portions] shows the applicant was apprehended on 22 December 2001.
5. There is no record of any adjudication or other finalization of this incident. Various pertinent documents are currently on file in the performance, service and the restricted portions of his iPERMS.
6. The applicant was awarded the Army Good Conduct Medal for the period September 2000 [when he entered active duty service] through September 2003.
7. He was promoted to sergeant, pay grade E-5 on 1 October 2004. He reenlisted on 27 June 2007 and was promoted to SSG on 1 April 2008.
8. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) sets forth the filing criteria for various record documents. Table 2-1 provides the guidance for filing documents in the various portions of the official military personnel file. It indicates that DD Forms 553 and 616 are to be filed in the performance portion and allied documents are to be filed in the restricted portion.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he took responsibility for his actions and has not been in trouble since that time. Moving all of the documents to the restricted portion of his record will improve his prospects for promotion.
2. The DD Form 553 that should be filed in the performance portion of the applicant's record is presently filed in the service and restricted portions. The DD Form 616, that should be filed in only the performance section of his OMPF, is also located in the service and restricted portions of his OMPF. All other allied documents should be filed only in the restricted portion.
3. The applicant's desire to have these documents transferred to the restricted portion of his OMPF based upon his subsequent service record is understandable. However, promotion and school selection board members are experienced and capable of distinguishing between youthful indiscretions and a problem record of service. In the event a selection choice comes down between two Soldiers with an equal record of service, all information properly filed in the OMPF must be available to board members in order to equitably make their selection choice. Given the above, it would not be equitable to transfer all of the documents to the restricted portion of his OMPF.
4. However, the various documents should be filed in accordance with the governing regulation.
5. In view of the foregoing findings and conclusions, it would be appropriate to rectify this situation by correcting the applicants records as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X__ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing the subject DD Forms 553 and 616 only in the performance portion of the applicant's record and filing all other documents associated with this incident only in the restricted portion.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to relocating all documents relating to this incident to the restricted portion of the applicant's record.
_______ _ X_______ ___
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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