IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110005420
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 his 1992 request for a waiver of a civil conviction be removed from his official military personnel file (OMPF) or moved to his restricted file.
2. The applicant states the waiver request is currently in his disciplinary file. The incident occurred over 19 years ago and was prior to his entry on active duty. He believes the file serves as a discriminator for him to compete for competitive positions.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. He is currently a major serving in the Regular Army. He was promoted to major on 1 September 2005.
2. In conjunction with his enlistment in the New Mexico Army National Guard (NMARNG) and the Simultaneous Membership Program (SMP), on 9 December 1992, Headquarters, U.S. Army 4th Region, U.S. Army ROTC (Reserve Officer Training Corps) Cadet Commend, Fort Lewis, WA approved a waiver for the applicant's civil conviction (reckless driving) for enrollment in the Advanced Course, SMP, and commissioning, when otherwise qualified.
3. On 12 January 1993, he enlisted in the New Mexico Army National Guard and enrolled in the SMP. He was enrolled as a cadet in the ROTC Program on
17 December 1992.
4. On 11 April 1994, he applied for a commission in the U.S. Army Reserve (USAR). On 13 May 1994, he was commissioned a second lieutenant in the USAR.
5. Documents showing the above actions, including the request for waiver, are all located in the Service File of his OMPF on iPERMS (integrated Personnel Electronic Records Management System).
6. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.
a. Paragraph 2-4 states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.
b. Table 2-1 (Composition of the OMPF) states a request for waiver of disqualification for enlistment/reenlistment is to be filed in the Service Computation File of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. His enlistment and appointment documents together with all allied documents, including his approved waiver, are correctly filed in the Service File of his OMPF. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. The OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance and evaluation periods.
2. The applicant has been promoted three times since his appointment. Therefore, there is no evidence that an error or injustice has occurred as a result of his approved waiver.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In view of the above there is an insufficient basis to remove his waiver approval from his OMPF or to move it to his Restricted File.
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) AR20110005420
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ABCMR Record of Proceedings (cont) AR20110005420
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