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ARMY | BCMR | CY2010 | 20100018018
Original file (20100018018.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100018018 


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, through a court remand, the removal of various defamatory documents from his official military personnel file (OMPF).  The documents he wants removed are essentially grouped into 4 sections:

* Documents concerning the 1985 Army Board for Correction of Military Records (ABCMR) case
* His 2007, 2008, and 2009 ABCMR applications concerning the 1985 decision
* Documents related to the 17 March 2004 correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Documents concerning the Legion of Merit (LOM) and Soldier's Medal

2.  The applicant states that in 1986 the ABCMR ruled favorably on his request for documents to be removed from his OMPF and ordered such documents removed from the records.  These documents relate to an assignment during which he was mistreated by his senior rater who engaged in illegal or improper acts in an effort to damage his career.  He relied on this order and never had any reason to believe the Army would fail to implement this order.  However, years later, when he requested copies of some of his records, he discovered several of the documents that should have been removed were still filed in his records.  He subsequently submitted several requests to the ABCMR to get the said documents removed with no luck.

3.  The applicant filed suit in the U.S. District Court for the Western District of Oklahoma seeking an upgrade of his Army Commendation Medal to a Soldier's Medal, award of the LOM, and for the removal of several documents in his records related to a decision by the ABCMR to remove two Officer Evaluation Reports (OER) from his OMPF and for grant of other relief.  The Government moved for summary judgment and the Court granted relief with respect to the Soldier's Medal and LOM.  However, the Court denied the motion concerning removal of certain documents related to a 1985 decision by the ABCMR removing two OERs and promoting the applicant to LTC.  Most of these documents were attachments provided by the applicant with his application and the 1985 ABCMR decision.  Pursuant to the Court's order, the Army and the applicant agreed to remand this case to the ABCMR for a review of documents related to the 1985 ABCMR decision and a determination concerning whether they should be removed.

4.  The Court's Administrative Record consists of 380 pages from his OMPF and other documents submitted to the Court.  They are incorporated by reference and attached as an exhibit to his Record of Proceedings.  Pages 1 through 157 reflect documents in the paper copy of the OMPF maintained at the National Personnel Records Center, St. Louis, MO, or documents submitted by the applicant.  Pages 158 through 380 are maintained in the OMPF on a microfiche.  For the purposes of reviewing this case, the term "paper OMPF" refers to the hard copies of documents contained in the file and the term "fiche" refers to documents contained in the microfiche.  When the OERs were removed from his records, a statement of non-rated time was placed in the performance section of his microfiche (P-fiche) located at pages 144 and 250 of the Administrative Record.  The U.S. Army's Personnel Electronic Records Management System (PERMS) was established for all U.S. Army Components (Active, Reserve, National Guard) as a means for providing electronic document management of the OMPF.  The interactive Personnel Electronic Records Management System (iPERMS) is the U.S. Army Human Resources Command's technology for updating PERMS.

5.  The applicant provided with this remand a listing of documents he wants removed from his OMPF.  The Discussion and Conclusions section of this Record of Proceedings contains a table listing each document the applicant wants removed, with a description, location in his personnel file, and proposed disposition. 

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests the removal of the contested documents from the applicant's OMPF.

2.  Counsel states the contested documents should be permanently removed from his military records along with any supporting or related documents.

3.  Counsel did not provide any additional documentary evidence.

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 ABCMR in Docket Number AC84-05864, dated 27 November 1985.

2.  The applicant was a U.S. Army Reserve commissioned officer who had served since April 1962, in various specialties, in staff or leadership positions, and attained the rank of major (MAJ).  He was honorably retired on 5 August 1985 by reason of physical disability.

3.  On 20 April 1983, the applicant (then a MAJ) applied to the ABCMR (Administrative Record, page 242) for removal of two OERs for the periods (19811102 through 19820217 and 19820218 through19820429) from his records.  He attached the following documents (pages 197 through 235):

* Documents circulated in his command concerning his requests for redress and replies
* A DA Form 1559 (Service School Academic Evaluation Report) and Department of the Army Inspector General (DIAG) response
* Correspondence between the applicant and the Reserve Components Personnel Administration Center (RCPAC) 
* OERs

4.  Before the ABCMR acted, the applicant submitted additional documents to the ABCMR (pages 188 and 219).

5.  On 27 November 1985, the ABCMR granted the applicant partial relief by directing:

* Removal of two OERs from the applicant's records with all appeal correspondence and insertion of a statement in the OMPF that the two periods were nonrated 
* Promotion of the applicant to lieutenant colonel (LTC) in the USAR, effective 16 January 1985
* An audit of his records to determine if promotion to LTC under the 1983 promotion criteria was appropriate (the date of rank (DOR) to LTC was later adjusted to 16 January 1984)

6.  While the OERs and related appeal documents were removed from the performance section of his fiche (P-fiche), the Board decision, implementation documents, and exhibits were filed on the restricted portion or R-fiche (pages 162 through 242).  Per the ABCMR decision, a statement of nonrated time was placed on his P-fiche (pages 144 and 250).  Also, a hard copy of the ABCMR decision and memorandum notifying him of the Board's action are filed in the paper OMPF (pages 147 through 157).

7.  The Court noted several disposition forms and letters issued in carrying out the ABCMR decision.  Specifically:

* The Disposition Form directing the removal of the OERs and related documents from the P-fiche and destruction of the R-fiche (page 164)
* Letter to the applicant stating per the Deputy Assistant Secretary of the Army, Review Boards (DASA (RB)) the two OERs were removed from his P-fiche and all appeal correspondence was removed from the R-fiche (pages 143 and 162)
* Statement of nonrated time for the periods covered by the OERs were placed on his P-fiche (pages 144 and 250)

8.  In rejecting the Army's request for dismissal on the statute of limitations grounds, the Court reasoned that the applicant's request in 2007 to remove the documents from the R-fiche amounted to a request to fully implement the ABCMR's 1985 decision.  The Court, citing the implementation correspondence, also rejected the Army's argument that retention of the ABCMR decision and exhibits as historical documents did not contravene Army regulations or the ABCMR's decision.  The Court:

* Interpreted the directive to destroy the applicant's R-fiche as a directive not to maintain the ABCMR decision and exhibits in that portion of the applicant's OMPF (page 7)
* Cited an ABCMR decision in a different case (AR20090002188) to remove as a matter of fairness a memorandum from a Soldier's file referencing an earlier decision to expunge a General Officer Memorandum of Reprimand (GOMOR)
* Considered the statement of nonrated time filed on the applicant's P-fiche sufficient to maintain the historical context of the applicant's P-fiche

9.  With respect to the applicant's 2007, 2008, and 2009 applications concerning the 1985 decision:

	a.  On 13 June 2007, the applicant applied to the ABCMR to remove documents related to the 1985 decision from his OMPF (AR20070009020).  According to Court documents he attached to his application several records related to his 1985 application which do not appear in the paper OMPF but do appear on the R-fiche.  (Pages 8 through 51, which are the same documents as pages 197 through 218, and pages 221 through 241, and recommended for removal.  Most likely, they were not added into the paper OMPF because they already existed in the R-fiche.  The applicant appears to have provided these documents to the Court from his own records).  On 25 February 2008, the staff rejected the application.  The MPRJ (DA Form 201 (Military Personnel Records Jacket), also known as 201 file) includes the ABCMR application without attachments.

	b.  On 3 March 2008, he resubmitted the same application (AR20080003663). On 28 May 2009, a staff member of the Case Management Division of the Army Review Boards Agency noted the OERs in question were removed and administratively letter closed the case (pages 1 through 2 and 4 through 5).

	c.  In December 2009, he again sought to remove documents related to the 1985 case but a staff member of the Case Management Division administratively letter closed the file in light of the current litigation (AR20090021609, which is not in the Administrative Record but is filed in the OMPF.  This case was letter closed in AR20090021071 (Request for the Soldier's Medal)).

10.  With respect to the documents related to a 17 March 2004 correction to his DD Form 214 dated 5 August 1985, on 25 November 2003 he sought an amendment to his final DD Form 214 (AR2004101100) to show his retired grade as LTC/O-5 instead of MAJ/O-4.  The ABCMR Support Division issued a DD Form 215 (Correction to DD Form 214) reflecting his grade as LTC/O-5 with a DOR of 16 January 1984 and filed the decision in the paper OMPF (pages 130 through 140; the decision does not appear on fiche or in iPERMS).

11.  With respect to the documents concerning the Legion of Merit (LOM) and Soldier's Medal, on 17 May 1989 he received a Meritorious Service Medal (MSM) as a retirement award (pages 86 through 88, filed in the paper OMPF).  Through the years, he filed several applications seeking an LOM as a retirement award and, recently, a Soldier's Medal:

* AR20050002861 – the ABCMR denied the applicant's request for the LOM based on statute of limitations grounds but instructed the applicant on the process for applying for the award through a Member of Congress to the Army Human Resource Command (HRC) Awards Branch (pages 113 through 129, filed in the paper OMPF)
* AR20050010513 – was letter closed because the applicant failed to exhaust his administrative remedies by applying to the HRC Awards Branch for the LOM (pages 94 through 111 also filed in the paper OMPF)
* AR20060002499 (pages 60 through 93, filed in the paper OMPF (he only requests removal of pages 70 through 80) – the ABCMR denied his request for award of the LOM, but issued a DD Form 215 to reflect award of the 1989 MSM (pages 52 through 53, filed in the paper OMPF)
* AR20090021071 – Seeking award of the Soldier's Medal was letter closed in light of the current litigation (not filed in the Administrative Record but is filed in the OMPF; the letter closing of this case also references AR20090021071, an application to remove allied documents related to the 1985 Board decision)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the removal of various documents from his OMPF.  Specifically: 

* The 1985 ABCMR corrections
* His 2007, 2008, and 2009 ABCMR applications concerning the 1985 decision
* Documents related to the 17 March 2004 correction of his DD Form 214
* Documents concerning the LOM and Soldier's Medal

2.  First, the applicant requests removal of the following documents from his paper OMPF and R-fiche:

* Pages 147 through 157, which are the ABCMR's decision and memorandum notifying the applicant of the relief granted (hard copies of these documents are in his paper OMPF)
* Pages 160 through 161, relating to rescheduling of the DA Promotion Advisory Board which was to be convened consistent with the 1985 ABCMR decision
* Pages 169 through 177, consisting of the ABCMR's 1985 decision
* Pages 181 through 196, consisting of additional information the applicant submitted to the ABCMR and correspondence involving advisory opinions
* Pages 197 through 234 and pages 236 through 242 (page 235 is an Army Achievement Medal, also filed in the P-fiche) consisting of documents submitted to the ABCMR by the applicant concerning his relief from active duty for training, his requests for redress concerning this action, and correspondence from the command in response to his rebuttals

3.  The ABCMR should expunge the pages cited above from the applicant's paper OMPF and R-fiche and retain them as exhibits to this case because:

* A historical record of applicant's service has been preserved with the statement of nonrated service filed on his P-fiche
* Retaining the documents on his R-fiche undermines the ABCMR's determination that the disputed OERs should be removed as a matter of justice:

* the documents were a part of the ABCMR's 1985 decision to expunge two OER's from the applicant's record
* the ABCMR Record of Proceedings details the negative ratings and other information leading to the challenged OERs 
* the exhibits contain potentially derogatory information concerning the applicant not otherwise filed in his paper OMPF or fiche

* Removal of the records will not harm the Army, as it will not entitle him to any additional benefit
* Relief is appropriate as a matter of equity

4.  Additionally, if the ABCMR expunges the records outlined above, it should also remove these documents because they were part of the 1985 ABCMR case:

* Pages 162 through 168, being documents directing Army agencies to implement the ABCMR decision and memoranda notifying him of the decision
* Pages 179 and 180, being a memorandum to the ABCMR concerning the applicant's duty status and a DD Form 149 seeking ratification of his selection for LTC
* Page 235, being an Army Achievement Medal, as this is documented in his P-fiche
* Page 242, a DD Form 149 dated 20 April 1983 submitted by him
* Page 243, a Letter of Recommendation, dated 12 April 1982
* From the paper OMPF, the Record of Proceeding for AC84-05864, two-page letter to him announcing the decision (it appears twice), and a one-page disposition form (see attachment 7)

5.  The applicant's complaint is the 1985 ABCMR decision and attachments should not have been filed in his military records.  However, in seeking relief, he may not select only certain documents from the ABCMR's decision to be removed.  Likewise, the implementation memoranda should not be filed because a statement of nonrated time and an adjustment of his DOR to LTC are already in the P-fiche.  Accordingly, all documents related to the ABCMR's decision will be removed from his paper OMPF and R-fiche.

6.  The applicant's second request is that all documents from the 1985 decision included in the 2007, 2008, and 2009 applications to the ABCMR be removed from his OMPF.  Other than what is already on the R-fiche, this would entail removing a few documents from the paper OMPF, as nothing new has been added to the fiche since 2002 and only one case unrelated to the 1985 correction exists on iPERMS (AR20060016928, a request to reconsider an ABCMR denial of his request for the LOM in (AR20060002499)).  To keep with the letter and spirit of his request this would entail removing, in addition to the documents listed in Section 4 and 5 (above), the following documents from his OMPF:

* Pages 1, 2, 4, and 5 (correspondence and application attached to 
AR 20080003663 and 20080005055)
* Page 7 (application for AR20070009020)
* All documents in his paper OMPF from AR20090021609, including the 29 December 2009 memorandum to applicant's counsel letter closing the case due to pending litigation and attachments, his application in AR20070009020, and the 1985 ABCMR decision with memorandum to the applicant

7.  The ABCMR should remove the documents listed above using the same justification for removing the 1985 ABCMR decisional documents from the applicant's R-fiche and paper OMPF.

8.  The third request is that 6 of 10 pages of AR20070009020 be removed from his OMPF (pages 130 through 134 and page 138).  He should not be granted relief with respect to the removal of these documents.

* The point of the remand was to review his file to remove any potentially derogatory information that should not have been filed after the ABCMR acted in 1985 to grant relief
* Although his adjusted DOR to LTC reflected on his DD Form 214 resulted from a DA Promotion Advisory Board directed in the 1985 ABCMR decision, the documents submitted with the application and this amendment do not reference any of the underlying facts concerning the disputed OERs
* Removing some – but not all – of the documents in this case from his military records creates a distorted record

9.  Fourth, the applicant seeks removal of the following documents:

* Page 52, a memorandum to him accompanying the DD Form 215 correcting his DD Form 214 to include an MSM
* Pages 79 and 80, a letter from the applicant to Senator J____ M. I____, included as an exhibit to AR20060002429
* Pages 111 and 112, a letter from the HRC Awards Branch to Senator J____ M. I____, included as an exhibit to AR20050010513
* Page 113 through 129 includes his request, the ABCMR response, and exhibits from AR2005002861

10.  His request for removal of the above pages from his military records should be denied as follows:

* His request for an LOM has no relation to the ABCMR's 1985 decision
* The documents are a legitimate part of an ABCMR case concerning an LOM case filed in his OMPF.  He provides no basis to selectively remove documents from this ABCMR case
* As to page 52, the memorandum accompanying the DD Form 215 is properly included in his military records to substantiate the correction made by the ABCMR Support Division

11.  The applicant seeks removal of page 255, which is a notation on a college transcript submitted in 1976 (presumably in relation to the applicant's appointment as an officer) and filed on his P-fiche.  This should not be removed because it has no relation to the 1985 ABCMR decision and it is properly filed in his military records.

12.  As a final note, this ABCMR decision (including attachments) should not be filed in the applicant's MPRJ or iPERMS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Having HRC review the applicant's entire MPRJ, fiche, etc., and remove the identified documents.

	b.  Removing the recommended documents as shown below.

2.  The Table below lists the documents at issue in this case and the disposition directed by the ABCMR.  The Board directs HRC to audit the applicant's official military personnel file and treat the documents in a manner identified on this table:

Page
Description
Location
Disposition
1,2, 4, 5
28 May 2009 Memorandum to [Applicant] from ABCMR Ref: AR20080003663; 10 March 2008 Memorandum to applicant from ABCMR Ref:  AR20080003663; Narrative reasons for relief submitted by applicant  for AR20080003663
(2 pages)
OMPF
Remove
6
25 February 2008 Memorandum from ABCMR Director to applicant Ref: AR20070009020
OMPF 
Remove
7
DD Form 149 for AR2007009020
OMPF
Remove
8, 9 and 197,198
Memo from DAIG Assistance Division to applicant dated 7 April 1983
R-fiche
Remove
10 and 199
Request for Redress from applicant, dated 8 November 1982
R-fiche
Remove
11 and 200
18 November 1983 Memorandum to applicant
R-fiche
Remove
12 and 201
28 October 1982 Request for Action from applicant
R-fiche
Remove
13 and 202
Response to applicant's Redress, dated 25 October 1982
R-fiche
Remove
14 and 203
Request for Redress from applicant to U.S. Army Health Services Command, dated 15 October 1982
R-fiche
Remove
15 and 204
Memorandum Re: Involuntary Release from Special Active Duty Tour, dated 14 October 1982
R-fiche 
Remove
16, 17, and 205, 206
Memorandum from applicant re: Involuntary Release of Officer, dated 6 October 1982
R-fiche
Remove
18, 19 and 207, 208
Request for Redress from applicant, dated 1 October 1982
R-fiche
Remove
20–24 and 209–213
Memorandum from applicant re: Involuntary Release of Officer, dated 
1 October 1982
R-fiche
Remove
25, 26 and 214, 215
Memorandum to applicant Re: Involuntary Release of Officer, dated 24 September 1982
R-fiche
Remove
27 and 216
Statement of Sergeant Major A.R.C., dated 23 September 1982

R-fiche
Remove
28,29 and 217, 218
Memorandum from GS-13 T.C.V. re: Statement in Rebuttal to [applicant], dated 21 September 1982
R-fiche
Remove
30–35 and 221-226
Memorandum from applicant to Chief, Plans, Operations and Training Division, HW, U.S. Health Services Command re: Involuntary Release of Officer, dated 3 September 1982
R-fiche
Remove
36–40 and 227–231
Memorandum from Chief, Plans, Operations and Training Division, HW, U.S. Health Services Command to applicant  re: Involuntary Release of Officer, dated 27 August 1982
R-fiche
Remove
41–42 and 232–233
Message from U.S. Army Health Services Command Re:  Mobilization Preparedness
R-fiche
Remove
43 and 234 
Proposal, dated 27 July 1982, for Mobilization Augmentation System 
R-fiche
Remove 
44 and 235
Army Achievement Medal, dated 
19 August 1982
R-fiche
Remove
45 and 236
Leave request form, dated 19 July 1982
R-fiche
Remove
46 and 237
Request to Procure Office Information System, dated 7 June 1982
R-fiche
Remove
47–50 and 238–241
Memoranda from applicant to LTC C re: Additional Automation for Post Division, dated 25 and 26 May 1982
R-fiche
Remove
51 and 243
Letter of Recommendation from COL C.H.R., dated 12 April 1982
R-fiche
Remove
52
Memorandum to applicant from ARBA Support Division, Correction in DD Form 215 (AR20060002499)
OMPF
Maintain in Record 
79-80
Letter, dated 31 March 2004, from applicant to Senator I-----
OMPF
Maintain in Record
111-112
Letter, dated 12 January 2004, from Chief, Military Awards Branch, HRC to Senator I-----
OMPF
Maintain in Record
113-133
ABCMR letter close AR20050002861, dated 10 May 2005, DD Form 149 & exhibits submitted by applicant  
OMPF
Maintain in Record
134
Retiree Account Statement, dated 
30 January 2004
OMPF
Maintain in Record

135
Email to ARBA-STL, dated 15 March 2004
OMPF
Maintain in Record
136–137
DD Form 149, dated 25 November 2003
OMPF
Maintain in Record
138
Applicant's DD Form 214, dated 29 August 1983
P-fiche
OMPF
Maintain in Record
141
2 June 1986 Memorandum from ABCMR to applicant concerning correction ordered
Unknown
Remove (if in paper OMPF or fiche)
142
DA Form 2496 (Disposition Form), dated 13 February 1986, indicating contested OERs in AC84-05864 were removed from the P-fiche
Unknown
Remove (if in paper OMPF or fiche)
143
Memorandum from RCPAC informing [Applicant] the changes to his record directed by the ABCMR were completed
Unknown
Remove (if in paper OMPF or fiche)
144, 250
Statement of nonrated time for period of 19811102-19820429, dated 12 February 1986
P-fiche
Maintain in Record
145
Memorandum from DARP-PDN requesting return of applicant's records for promotion consideration when ABCMR correction completed, dated 29 January 1986


OMPF
Remove
147–148 &
166–167
Memorandum, dated 2 January 1985, from the Deputy Assistant Secretary of Army to applicant concerning relief granted by ABCMR (AC84–05864), 
R-fiche
OMPF
Remove
149–157 
169–177, OMPF
ABCMR Record of Proceedings, AC84-05864 
R-fiche 2 places OMPF
Remove
162
Memorandum, dated 17 March 1986, from ABCMR notifying applicant he is eligible for promotion to LTC under the 1983 criteria
R-fiche
Remove
163
Memorandum, dated 7 March 1986 from Promotion Directorate indicating applicant's records will be submitted to a DA Promotion Advisory Board 
R-fiche
Remove
      164
DA Form 2496, requesting deletion of OERs covered by AC84-05864 and destruction of applicant's R-fiche, dated 12 February 1986
R-fiche
Remove
165
DA Form 2496, dated 2 January 1986, to ARPERCEN requesting an administrative correction of applicant's records in accordance with the ABCMR decision in AC84-05864
R-fiche
Remove
168
2 January 1986 Memorandum to applicant concerning ABCMR record correction
R-fiche 
Remove
178
Memorandum from applicant to ABCMR re: change of address, dated 6 November 1985
R-fiche
Remove
179
DA Form 2496 re: applicant's promotion to LTC, dated 19 Jul 1985
R-fiche
Remove
180
DD Form 149 from applicant seeking ratification of promotion to LTC, dated 11 July 1985
R-fiche
Remove
181
Advisory opinion to ABCMR from Chief, Appeals and Corrections Branch, RCPAC, dated 2 July 1985
R-fiche
Remove
182
DA Form 2496, from Army Command, dated 17 January 1986
R-fiche
Remove
183
DA Form 2496 to ABCMR from CDR, RCPAC, dated 5 November 1984

R-fiche
Remove
184
DA Form 2496 from Chief, Special Actions Division, Personnel Services Directorate, seeking comment for the ABCMR, dated 21 September 1984
R-fiche
Remove
185
DA Form 2496 from Chief, Officer Management Division, seeking comment for the ABCMR, dated 
30 August 1984
R-fiche
Remove
186
DA Form 2496 from ABCMR to CDR, RCPAC seeking an advisory opinion on applicant's OER appeals, dated 8 August 1984
R-fiche
Remove
187
Memorandum from ABCMR to applicant suspending consideration of his 1983 application pending the outcome of another ABCMR application, dated 20 July 1984
R-fiche
Remove
188
Memorandum, dated 25 June 1984, from applicant to ABCMR seeking an addendum to his ABCMR complaint
R-fiche
Remove
189
ABCMR Membership List, dated
23 July 1984
R-fiche
Remove
190-192
DA Form 2496, from CDR, RCPAC to ABCMR, dated 26 April 1984, with 
2 pages attached signed by Director, AGR Management
R-fiche
Remove
193
DA Form 2496, concerning status of applicant in AGR, dated 17 February 1984
R-fiche
Remove
194
DA Form 2496, from ABCMR to RCPAC seeking an advisory opinion on applicant's case, dated 9 February 1984
R-fiche
Remove
195-196
DA Form 2496, dated 16 February 1984, with attachment from ABCMR to CDR, RCPAC seeking an advisory opinion on applicant's case
R-fiche
Remove
219
Memorandum, dated 21 September 1983, to ABCMR from applicant Re: Amendment of his DD Form 214


 
R-fiche
Remove
220
Memorandum, dated 17 September 1983, from RCPAC Personnel Services Directorate to applicant
R-fiche
Remove
242
DD Form 149 from applicant, dated
20 April 1983
R-fiche
Remove

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing certain documents as shown above.



      _________XXX__________
       	     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)                                         AR20100018018



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100018018



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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  • ARMY | BCMR | CY2010 | 20100019675

    Original file (20100019675.txt) Auto-classification: Denied

    He goes on to state the GOMOR in question was in his OMPF when the awards board approved the LOM. While the applicant would have the Board to believe the awards board was in error to revoke his LOM because he had his GOMOR transferred to the restricted fiche before the awards board became aware of its existence, his contention lacks merit. The Commander, HRC approved the award of the LOM and he revoked it through the awards branch in accordance with applicable regulations.

  • ARMY | BCMR | CY2014 | 20140017945

    Original file (20140017945.txt) Auto-classification: Approved

    d. Part IV (Performance Evaluation - Professionalism (Rater)) of the contested OER was not completed by COL EW. The evidence of record supports the applicant's request that the contested OER be removed from his OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. removing from his OMPF his OER for the period ending 18 February 2011; b. adding to his OMPF an appropriate document indicating the period 7 November 2010...

  • ARMY | BCMR | CY2002 | 2002069736C070402

    Original file (2002069736C070402.rtf) Auto-classification: Approved

    A 1989 USAR Standby Advisory Board reviewed his record and selected him for promotion to MAJ. A 1989 Army Board for Correction of Military Records (ABCMR) Proceedings directed that his discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement, and that an explanation be placed in his records to show that the resulting gap in Officer Evaluation Reports (OERs) was due to no fault of the officer. On 18 October 1988, ARPERCEN issued...

  • ARMY | BCMR | CY2015 | 20150015518

    Original file (20150015518.txt) Auto-classification: Approved

    The Court directed the ABCMR to reconsider the issue of removing the DA Form 67-9 (Officer Evaluation Report (OER)) for the rating period 1 December 2003 through 22 June 2004 (herein referred to as the contested OER) from his official military personnel record. During November 2004, he received the contested OER, a change of rater OER that covered the rating period 1 December 2003 through 22 June 2004 for his duties as International Law Officer, 415th CA Battalion. BOARD VOTE: ____x___...

  • ARMY | BCMR | CY2006 | 20060001574C070205

    Original file (20060001574C070205.doc) Auto-classification: Denied

    The applicant requests, in effect, that his General Officer Memorandum of Reprimand (GOMOR) be removed from his Performance (P) fiche and transferred to his Restricted (R) fiche of his Official Military Personnel File (OMPF). The last Colonel's promotion board did not select him for promotion, and he believed that despite his otherwise outstanding record, this GOMOR was the reason for his non-selection. Letters (memorandums) of reprimand, admonition, or censure may be the subject of...