IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090019742
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 reconsideration of his earlier request for correction of military records to remove the Determination of Eligibility Memorandum-Felony Waiver, and associated documents from his official military personnel file (OMPF).
2. The applicant states that he wants his case reconsidered based on new argument. He references paragraph 7 on page 2 and paragraphs 2 and 3 on page 5 of his earlier Record of Proceedings and makes the following arguments:
a. Paragraph 7 states that the applicant's enlistment contract and allied documents, including the approved waiver, are filed in the performance section of his OMPF. He argues that these documents are inappropriately placed in his performance section and causes an injustice because the incidentals of his arrest approximately 5 years before his military service are not appropriately placed in a section referencing one's "performance."
b. Paragraph 2 states that the applicant willingly and voluntarily consented to the collection of information that determined his moral qualification for enlistment. He concedes that he did willingly and voluntarily grant access to these records for the purpose of enlistment. However, he argues that the release of the records in question was not to go beyond the scope of military use. The current state of the OMPF effectively permits prospective employers access to the records at issue. This is beyond the scope of his consent.
c. Paragraph 3 states that the applicant's enlistment document together with all allied documents including his approved waiver are correctly filed in the proper section of his OMPF. He argues that the documents he wants removed from his OMPF and destroyed do not serve to maintain an unbroken, historical record of his service, conduct, and duty performance. He further states that the instances at issue did not occur during his exemplary military service and thus do not serve to maintain an unbroken or historical record of his service.
3. The applicant provides no additional documentation in support of his reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR 20090003071, on 9 July 2009.
2. The applicant has provided additional argument that requires Board consideration.
3. The contested documents are properly filed in the Service section of his OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Determination of Eligibility Memorandum-Felony Waiver and allied documents should be removed from his OMPF. He further contends that the continued filing of these documents permits their use beyond the scope of his original consent and do not serve to maintain an unbroken or historical record of his service.
2. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
3. The documents in question were obtained based on the consent of the applicant at the time. Subsequently, these documents were used as a basis to grant him a waiver to enlist in the Regular Army. Accordingly, should the need ever arise to review that decision the Army would need these documents.
4. The applicant's contention that he has the authority to limit how the Army may use its records is without merit. Once a document is placed in the OMPF, it becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.
5. In view of the above, the applicant's request should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090003071, dated 9 July 2009.
_______ _ 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) AR20090019742
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090019742
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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