IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090019912
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 General Court-Martial Order Number 10, dated
22 August 2002, be transferred from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF.
2. The applicant states, in effect, that it has been over 6 years and that he has served the full intent of the punitive actions and carried out the purpose of his disposition. He contends that if relief is granted it would allow him a fair chance to be viewed under his leadership as a Soldier who has excelled despite his past and should be promoted.
3. The applicant provides no documentary evidence in support of his application. His application indicates that he provided two Noncommissioned Officer Evaluation Reports (NCOERs); however, these reports are not available.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 October 1997 and is currently serving on active duty in the rank of staff sergeant.
2. General Court-Martial Order Number 10, dated 22 August 2002, shows that on 14 May 2002, in accordance with his pleas, the applicant, a specialist, was convicted by a general court-martial of drunk driving (physically control a passenger vehicle with a blood alcohol concentration greater than .10 grams, thereby causing the said vehicle to strike and kill a sergeant) and reckless driving (physically control a passenger vehicle in a reckless and wanton manner by speeding and attempting to pass another vehicle thereby causing the death of a sergeant). He was sentenced to be reduced to E-1, to forfeit all pay and allowances, and to be confined for 3 months. On 22 August 2002, the convening authority approved the sentence.
3. Records show the applicant was promoted to sergeant on 1 June 2007 and staff sergeant on 1 May 2008. His NCOERs for the periods 1 June 2007 through 31 May 2008 and 1 June 2008 through 31 May 2009 show his rater rated him "Among the Best" in his overall potential for promotion and/or service in positions of greater responsibility and his senior rater rated him "Successful" in overall performance and "Superior" for overall potential for promotion and/or service in positions of greater responsibilities.
4. A review of the performance section of the applicant's OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the general court-martial order in question.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF. Table 2-1 of this Army regulation states that court-martial orders will be filed in the performance fiche when there is an approved finding of guilty on at least one specification.
DISCUSSION AND CONCLUSIONS:
The general court-martial order is properly filed in the applicant's military records in accordance with the governing regulation. There is no evidence that it was improperly imposed. The applicants subsequent good service and promotions are acknowledged. However, it would not be equitable to place the applicant on the same competitive footing as Soldiers who have no blemish on their records. Therefore, there is no basis for granting the applicants request that this general court-martial order be transferred from the performance section to the restricted section of his OMPF.
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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