IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20100000907
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 his special court-martial [he is probably referring to his general court-martial] be transferred to the restricted portion of his Official Military Personnel File (OMPF).
2. The applicant states the following:
* He completed his court-martial sentence in 2005
* He was reduced to pay grade E-1
* He attained pay grade E-6 over the period of 5 years
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of staff sergeant.
2. General Court Martial Order Number 15, dated 16 May 2005, shows the applicant was convicted on 15 February 2005, contrary to his plea, of committing an indecent assault upon SPC M.M.J., a person not his wife. He was sentenced to reduction to private, E-1 and confinement for 6 months.
3. The sentence was approved, but the execution of that part of the sentence extending to confinement in excess of 3 months was suspended for
3 months. The suspended part of the sentence was remitted without further action unless the suspension was sooner vacated.
4. A review of the applicants performance section of his OMPF on the Personnel Electronic Records Management System revealed a copy of the general court-martial order.
5. Between 2005 and 2007, the applicant was promoted to specialist, sergeant, and staff sergeant.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) states that once placed in the OMPF, documents become a permanent part of that file and will not be removed from the OMPF or moved to another part of the OMPF unless directed by one of several agencies, one of which is this Board. Table 2-1 of the regulations provides that a court-martial order will be filed in the performance portion in the commendatory and disciplinary section.
DISCUSSION AND CONCLUSIONS:
1. The applicant was convicted by a general court-martial in February 2005 of indecent assault. He was sentenced to a reduction to E-1 and 3 months in confinement.
2. 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.
3. 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.
4. Therefore, the applicant has established no basis for transferring the general court-martial order 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.
ABCMR Record of Proceedings (cont) AR20100000907
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100000907
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021743
Application for correction of military records (with supporting documents provided, if any). The applicant requests General Court-Martial Order Number 91, dated 28 March 2003, be transferred from the performance portion to the restricted portion of his official military personnel file (OMPF). A civilian applying for the warrant officer program with conduct or even criminal charges must obtain the same moral waiver; however, these charges would never be viewable to the promotion board...
ARMY | BCMR | CY2014 | 20140010621
The applicant requests correction of his record to: * expunge his Special Court-Martial (SPCM) * upgrade his Bad Conduct Discharge (BCD) to an honorable discharge * amend item 27 (Reenlistment (RE) Code) of his DD Form 214 to show he received an RE Code of "1" or "3" 2. His DD Form 214 shows he was discharged with a BCD on 28 June 1983, in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 3-1 as a result of court-martial, and that he received...
ARMY | BCMR | CY2009 | 20090005636
However, the applicant provided documentation which shows he received medical treatment on two occasions for injuries sustained as a result of physical altercations while in confinement. Since there is no evidence of record to show the applicant was ever medically unfit to perform his duties, there is no basis for granting his request for a medical discharge. Evidence of record shows the applicant suffered LOD injuries on 15 October 2006 and on 24 December 2006 while in confinement.
ARMY | BCMR | CY2012 | 20120021472
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Despite presenting numerous good character statements and having a pristine military record with no prior disciplinary actions, the military judge sentenced the applicant to the unconscionably harsh and inequitable sentence of a dismissal and 9 months confinement. The indecent assault charge is another area where it is evident the government did not believe they had a very good case.
ARMY | BCMR | CY2009 | 20090015998
The DD Form 214 he was issued shows he was discharged under the provisions of chapter 3, Army Regulation 635-200 (Personnel Separations), as a result of court-martial with a bad conduct discharge. He completed 4 years, 7 months, and 11 days of creditable military service. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable, enter Continuous Honorable Active Service From (first...
ARMY | BCMR | CY2009 | 20090015646
Counsel states that the applicant served for over 19 years in the Army, that during his military service he was awarded five awards of the Army Commendation Medal and five awards of the Army Achievement Medal, and that his NCOERs show his military performance was exemplary. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but...
ARMY | BCMR | CY2010 | 20100024309
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests amendment of U.S. Army Criminal Investigation Command (USACIDC) Report of Investigation (ROI) 0008-05-CID427-1XXXX-6XX/ 5YXX/9XX to remove the applicant's name from the titling block and removal of a DA Form 4833 (Commander's Report of Disciplinary or Administrative Action) from the ROI. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 3 of the...
ARMY | BCMR | CY2014 | 20140007558
The applicant requests removal of the bad conduct discharge from his military records. His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted. Therefore, the applicant's service is insufficiently meritorious to warrant an honorable or a general discharge.
ARMY | BCMR | CY2008 | 20080012361
The former spouse stated that the applicant retired in February 1988 after 20 years in the U.S. Army. In accordance with Title 10, United States Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to set aside a conviction. Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.
ARMY | BCMR | CY2006 | 20060011019C070205
The applicant requests, in effect, that Headquarters, Eighth United States Army General Court-Martial Order Number 1, dated 8 March 2002, be transferred to the restricted fiche of his Official Military Personnel File (OMPF). In accordance with Title 10, United States Code, section 1552, the authority under which acts the Army Board for Correction of Military Records is not empowered to set aside a conviction. In order to justify correction of a military record the applicant must show to...