IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20090000980
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 effect, that a DA Form 268 (Report to Suspend Favorable Personnel Action) (flag) be removed from her iPERMS (Integrated Personnel Electronic Records Management System) and 2X Citizen records.
2. The applicant states, in effect, that the DA Form 268 does not belong in her iPERMS record and the documents she submitted with her request and electronic mail (e-mail) traffic show it should not be in her records.
3. In support of her request, the applicant submitted a copy of a DA Form 268, dated 16 April 2008; an unsigned, undated DA Form 268; and three pages of
e-mail traffic pertaining to the erroneous filing of the DA Forms 268.
CONSIDERATION OF EVIDENCE:
1. The evidence shows that the applicant enlisted in the Alabama Army National Guard on 28 November 1989. The applicant was commissioned on 24 August 1990. She is currently serving on contingency operations for active duty operational support in support of Operation Enduring Freedom in the rank of major. The evidence shows she entered active duty with the Army National Guard on 14 February 2009 for a period of 531 days.
2. The DA Form 268 the applicant provided shows that on 16 April 2008 a flag was initiated and imposed upon her due to consideration of an adverse action.
3. On 17 July 2008, the flag was removed after the applicant's case was closed favorably.
4. Army Regulation 600-8-104 (Military Personnel Management Information/ Records) provides policy and procedures for maintenance of a Soldier's critical personnel information. Paragraph 2-4a states that once placed in the official military personnel file (OMPF), the document becomes a permanent part of that file. The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for the Correction of Military Records (ABCMR) or the OMPF custodian when documents have been improperly filed.
5. Table 2-1 in Army Regulation 600-8-104 provides no directions for or an authority for the filing of the DA Form 268 in the OMPF.
6. Army Regulation 600-8-2 (Personnel - General - Suspension of Favorable Personnel Actions (Flags)) supports the flagged records work center of the Personnel Service Center and Personnel Service Company as prescribed in Army Regulation 600-8 (Military Personnel Management) and presents the flagging action program in a logical sequence.
7. Army Regulation 600-8-2, paragraph 1-10d, specifies that a flag will be removed immediately when a Soldier's status changes from unfavorable to favorable. Paragraph 1-12 specifies that a flag will be initiated when a Soldier is under charges, restraint, or investigation. The flag will be removed when the Soldier is released without charges, charges are dropped, or punishment is completed.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows a flagging action was imposed upon the applicant at the time she was under consideration for the imposition of an adverse action.
2. The flag was removed after the applicant's case was closed favorably.
3. The applicable regulation provides no authority for the placement of a DA Form 268 in a Soldier's iPERMS record. It appears the DA Forms 268 were incorrectly filed in her iPERMS records and she is entitled to have the DA Forms 268 (both for the imposition of the flag and its removal) completely withdrawn from her iPERMS record and her 2X Citizen records.
BOARD VOTE:
___x____ ___x____ ___x____ 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 completely withdrawing both DA Forms 268 (the DA Form 268 dated 16 April 2008 which imposed the flag and the DA Form 268 dated 17 July 2008 which removed the flag) from her iPERMS record and from her 2X Citizen records.
__________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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