IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090002358
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 all documentation relating to his general court-martial be removed from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, the court-martial documentation he wants removed from his OMPF has already ruined his military career and he is trying to move on with his life. He states he is having difficulty successfully acquiring employment and the court-martial documentation in his official military personnel file is destroying his ability to provide for himself and his family.
3. The applicant provides a copy of the court-martial orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 21 April 1994. He was awarded the military occupational specialty of chemical equipment repairer and was promoted to pay grade E-7 prior to being appointed in the rank of second lieutenant effective 27 January 2005. He was promoted to the rank of captain effective 1 September 2008.
2. The applicant's OMPF contains General Court-Martial Order Number 12, dated 1 October 2008, which shows that the applicant was convicted of between on or about 8 September 2006 and on or about 10 February 2007, while the commander of 108th Quartermaster Company Rear Detachment, wrongfully having an inappropriate relationship with Mrs. H.B., the wife of Sergeant (E-5) S.B., 108th Quartermaster Company, which conduct is unbecoming an officer and gentleman.
3. His sentence to be reprimanded was adjudged on 1 April 2008. The sentence was approved and directed to be executed.
4. 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 Army Personnel Qualification Records. In pertinent part, this regulation describes what forms and documents are to be filed in the OMPF and where they are to be filed. Table 2-1 of this regulation specifies that court-martial orders are filed on the performance fiche of the OMPF if there is a finding of guilty of at least one specification.
5. Army Regulation 600-37, Unfavorable Information, paragraph 72, Policies and standards, states that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is having difficulty successfully acquiring employment, and that the court-martial documentation in his official military personnel file is destroying his ability to provide for himself and his family.
2. In accordance with Army Regulation 600-37, the applicant must provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its removal from the OMPF. The applicant has not provided any evidence or argument to show the court-martial documentation is untrue or unjust and his court-martial documentation is filed in accordance with regulatory policy.
3. The ABCMR does not change properly constituted records solely for the purpose of mitigating employment problems.
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.
_______ _ __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.
ABCMR Record of Proceedings (cont) AR20090002358
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