IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20100012323
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 Special Court-Martial Order Number 17, dated
19 December 2003, be removed from the restricted file of his Official Military Personnel File (OMPF).
2. The applicant states he maintained the highest standards of military professionalism:
* during and after his court-martial action
* while paying legal fees amounting to more than $5000.00
* enduring humiliation from fellow Soldiers
* while some leaders questioned his integrity
* being physically assaulted by the parent
3. He states he elected to take a court-martial based on his belief in a legal system whose finding supported his plea that he did not act in any manner to bring a discredit to himself or the Army. He states the retention of the information in his OMPF creates an injustice and will not allow him to be evaluated by merit. He states he doesnt want the information perceived as an adverse reflection on his character or pose an obstacle to his future advancement.
4. The applicant provides:
* a copy of the Special Court-Martial Order
* copies of his performance evaluation reports spanning the period September 2002 through August 2009
* a copy of his Enlisted Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in June 1999. By September 2002 he was promoted to pay grade E5 and in February 2003 he arrived for duty in Mannheim, Germany.
2. In December 2003 the applicant was arraigned at a special court-martial convened by the Commander, 21st Theater Support Command for the following offenses:
a. On or about 11 May 2003, conspiring with another Soldier to commit sodomy with two children under the age of 16
b. On or about 11 May 2003, wrongfully enter an apartment building in Mannheim, Germany, on several occasions while no adults were present and engaging in conversation of a sexual nature with a child under the age of 16 with the intent to obtain oral sex.
3. The applicant pled not guilty to both charges and was found not guilty. Special Court-Martial Order Number 17, dated 19 December 2003, which announced the findings of the special court-martial, is filed in the restricted file of the applicants OMPF.
4. In July 2006 the applicant was promoted to pay grade E6.
5. His performance evaluation reports, rendered for rating periods between September 2002 and August 2009, have all been outstanding reports with the majority of his rating in the "excellence" block. Since his promotion to pay grade E6 he has consistently been rated among the best by his raters and in the top block for overall performance and potential by his senior raters.
6. The evaluation report rendered for the period February 2003 to December 2003 indicated he was successful in all five rating categories, that he was fully capable of serving in positions of greater responsibilities, and his senior rater placed him in the second block for overall performance and potential.
7. The applicants record also indicates hes served two tours of duty in Iraq and his awards include the following:
* Bronze Star Medal
* Combat Action Badge
* Three awards of the Army Commendation Medal
* Three awards of the Army Achievement Medal
* Three awards of the Army Good Conduct Medal
8. Army Regulation 600-8-104 (Military Personnel Information Management/Records) states the restricted file (R fiche) must be permanently kept to:
* Maintain an unbroken, historical record of a Soldiers service, conduct, duty performance, and evaluation periods
* Record investigation reports
* Record appellate action
* Protect the interests of the Soldier and the Army
9. Army Regulation 600-8-104 also states court-martial orders will be filed in the performance file (P fiche) when there is an approved finding of guilty on at least one specification and on the R fiche if all approved findings are not guilty.
DISCUSSION AND CONCLUSIONS:
1. The applicants desire to have the court-martial order completely removed from his OMPF is understandable. However, the order is appropriately filed and its retention is required by regulatory guidance for a variety of reasons, including the protection of the Soldier and the Army.
2. The applicants belief the retention of the court-martial in his OMPF may adversely impact him at some point in the future does not serve as a basis to remove the properly filed document.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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) AR20100012323
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012323
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011864
Application for correction of military records (with supporting documents provided, if any). The applicant requests his court-martial record: * be removed from his Official Military Personnel Record (OMPF), or * be transferred from his performance (P) fiche to his Restricted (R) fiche 2. The applicant has done that.
ARMY | BCMR | CY2007 | 20070013467
The applicant provided a self-authored letter, dated 15 September 2007; a copy of General Court-Martial Order Number 2, dated 5 January 2001; and two letters of recommendation from his battalion commander and battalion command sergeant major (CSM), in support of his application. Table 2-1 (Composition of the OMPF) of this Army regulation shows that General Court-Martial Orders are filed on the P fiche when there is an approved finding of guilty on at least one specification. As a result,...
ARMY | BCMR | CY2004 | 040006365C070208
The applicant requests, in effect, that the record of his special court- martial be expunged from his Official Military Personnel Record (OMPF) or, in the alternative, be transferred to the restricted portion of his OMPF. Army Regulation 600-8-104 states that court-martial orders will be filed on the “P” (performance) fiche in an individual’s OMPF when there is an approved finding of guilty on at lest one specification. The fact that the applicant was successful in obtaining a waiver of...
ARMY | BCMR | CY2004 | 20040000806C070208
The appeal correspondence was directed to be placed in the applicant’s restricted fiche, and stated that promotion consideration was not applicable. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). The applicant's contention that the NCOER, even as corrected, would be damaging to her...
ARMY | BCMR | CY2003 | 2003090019C070212
COUNSEL CONTENDS : In a four page attachment to the applicant’s DD Form 149 (Application For Correction of Military Record) that his records be corrected by expunction of the Article 15 dated 24 November 1986 and Article 15 dated 1 June 1987 from his official military personnel file (OMPF). In addition, counsel states that, at the time the Article 15s were issued, Army Regulation 640-10 (Individual Military Personnel Records) which established the policies and provisions for maintenance and...
ARMY | BCMR | CY2006 | 20060008764C070205
He hereby requests that the Board remove the negative NCOER from his "R" fiche, of his OMPF for the same reasons as he sent to the NCOER Appeal board. The administrative error was that the SR listed on the NCOER was not the officer that served in that position during the rating period. Second, he never saw the NCOER.
ARMY | BCMR | CY2011 | 20110017569
IN THE CASE OF: BOARD DATE: 6 December 2011 DOCKET NUMBER: AR20110017569 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests Special Court-Martial Order Number 2, dated 4 April 2007, be removed from the performance section of his Official Military Personnel File (OMPF). All court-martial orders are correctly filed; the applicant's request cannot be approved.
ARMY | BCMR | CY2011 | 20110018304
The applicant requests Special Court-Martial Order Number 12, dated 6 November 2006, and a Memorandum of Removal from the Drill Sergeant Program with allied documents, dated 25 September 2006, be transferred from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF. The applicant states: a. the special court-martial proceedings and removal letter were imposed over 50 months ago for having an improper relationship with a woman not his...
ARMY | BCMR | CY1996 | 9608474C070209
The applicant states he had [his] day in the civilian court, and the judge found [him] not guilty of the DUI charge because there was insufficient evidence. He states the judge dropped the DUI charge for insufficient evidence after he informed him that he had passed three field sobriety tests. The applicant was issued a LOR on 13 June 1995 which indicated he refused to complete a lawfully requested breathalyzer test. Letters of reprimand may be filed in a soldier's OMPF only upon the...
ARMY | BCMR | CY2003 | 2003089412C070212
The applicant requests that the Record of Proceedings Under Article 15, UCMJ (DA Form 2627), which records the nonjudicial punishment (NJP) she accepted on 30 July 1997, be removed from the restricted portion of her Official Military Personnel File (OMPF) fiche. The document will not be removed from a fiche or moved to another part of the fiche unless directed by the following: (1) The Army Board for Correction of Military Records (ABCMR). (3) Army appeal boards.