BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090016879
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 removal of the suspension of favorable personnel actions (flag) from his Enlisted Record Brief (ERB).
2. The applicant states a flag was initiated and placed in his records in December 2008 because his battalion commander had intended to administer nonjudicial punishment (NJP) against him. However, his battalion commander decided not to take any action but the flag remained posted to his records. He is now medically retired and would like that flag removed.
3. The applicant provides a copy of his ERB, dated 15 April 2009, and a copy of a memorandum, dated 10 July 2009, from his former battalion commander, in support of his request.
CONSIDERATION OF EVIDENCE:
1. Having had prior service, the applicant's records show he enlisted in the Georgia Army National Guard (GAARNG) on 20 December 2000. He held military occupational specialty 97B (Counterintelligence Specialist) and attained the rank/grade of sergeant (SGT)/E-5.
2. On 9 May 2007, the applicant was ordered to active duty in support of Operation Iraqi Freedom but was held at Fort Gordon, GA, under the Reserve Components Medical Retention Processing Program and entered the Physical Disability Evaluation System.
3. The applicant's records were considered by a medical evaluation board which referred him to a physical evaluation board (PEB) that recommended his placement on the temporary disability retired list (TDRL).
4. He was honorably retired on 15 January 2009 and placed on the TDRL in his retired rank/grade of SGT/E-5.
5. The applicant's ERB, dated 15 April 2009, shows a flag was posted to his records effective 1 December 2008 by reason of adverse action.
6. On 1 October 2009, a TDRL PEB recommended he be permanently retired for disability. Accordingly, he was removed from the TDRL and retired on 16 November 2009.
7. The applicant submitted a statement, dated 10 July 2009, from his former battalion commander wherein he states that he had previously considered imposing NJP against the applicant and initiated a flag against him. However, after considering all available information, he decided against imposing NJP and the matter was dropped but the flag was not removed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the flag code should be removed from his ERB.
2. The ERB is an automated record of a Soldier's personnel management qualifications in the form of data. The ERB is not maintained or updated subsequent to a Soldier's discharge, retirement, or removal from an active status. Therefore, the applicant is not entitled to correction of his ERB.
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.
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