IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20110005423 


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 removal of the DD Form 261 (Report of Investigation Line of Duty and Misconduct Status), dated 31 March 1997, that is attached to a Line of Duty  Investigation (LODI) Packet that is filed in the restricted section of his Official Military Personnel File (OMPF).

2.  He states the LODI that is filed in his OMPF should be removed because there is no reason for it to be there.  He adds that the LODI was conducted in March 1997 and he was cleared to return to duty after the investigation.  He has since gone on to a great career.  Although the LODI cleared him, it raises a false red flag for something that happened long ago.  He feels as long as the LODI remains in the restricted section of his OMPF it will tarnish his record and hinder him from future positions and assignments.

3.  He provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 19 April 1996.

2.  A DD Form 261, dated 31 March 1997, shows that an LODI was conducted after he was admitted to the U.S. Army Community Hospital, at Fort Carson, CO for initiating a suicide gesture.  He had consumed ibuprofen and muscle relaxant medications.  The document shows he was depressed due to economic and 

family-related issues.  Afterwards he received counseling from Mental Health Services and he was found not to be of sound mind at the time of the incident.  After treatment it was determined that his depressed state of mind no longer existed and he was returned to duty.  His illness was found to be in the line of duty.  The LODI documents are filed in the restricted section of his OMPF.

3.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 18 December 1998.  On 30 June 2001, he was honorably released from active duty at the completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  After a break in service, he enlisted in the RA on 13 July 2007.  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 September 2009.  His record shows he is still serving on active duty at Fort Bragg, NC.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Obsolete or no longer used documents) is authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.

6.  Army Regulation 600-8-104, Table 2-1 (Composition of the OMPF) specifies that the DD Form 261 and allied documents will be filed in the restricted section of the OMPF.

7.  Army Regulation 600-8-104, paragraph 2-3 (Composition of the OMPF) states the restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.

8.  Army Regulation 600-8-104, paragraph 2-6 (Release of restricted data filed in the OMPF) provides an exception to this policy and allows Command Sergeant Major (CSM)/sergeant major (SGM), SGM Academy selection, and CSM/SGM Retention boards to review matters in the restricted portion of the OMPF to ensure the best qualified Soldiers are selected for these positions of highest trust.  The release of information in this section is controlled.  It will not be released without written approval from the Commander, U.S. Army Human Resources Command (i.e., for enlisted Soldiers) or the Headquarters, Department of the Army (HQDA) selection board proponent.  This paragraph also provides that documents in the restricted section of the OMPF are those that 

must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interest of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the LODI he received for a suicide gesture should be removed from his OMPF because it will tarnish his record and hinder him from future positions and assignments.  However, there is insufficient evidence to support his claim.

2.  Evidence of record shows that an LODI was conducted after he was admitted to the hospital for a suicide gesture.  After treatment it was determined that his depressed state of mind no longer existed and he was returned duty.  He provides no evidence to show that the LODI is untrue or unjust.  Therefore, the DD Form 261 is deemed true and accurate and, therefore, is properly filed in the applicant's OMPF.

3.  The evidence of record shows that with the exception of the CSM/SGM selection and retention boards, HQDA enlisted selection boards are not routinely provided documents that are filed in the restricted section of the OMPF.  Moreover, Army regulatory guidance establishes strict requirements to prevent the unauthorized release of information from the restricted section of the OMPF.  In this regard, the applicant provides insufficient evidence to support his contention that the documents currently filed in the restricted section of his OMPF will tarnish his record and hinder him from future positions and assignments.  Since the LODI was placed in the restricted section of his OMPF, he has been promoted to the rank/grade of SSG/E-6.

4.  By regulation, in order to remove a document from the OMPF, there must be clear and convincing evidence showing that the document is untrue or unjust.  He provided no such evidence that the documents are untrue or unjust in this case.  Therefore, the DD Form 261 contained in his OMPF is properly filed and should not be removed.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.



      _______________________
               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)                                         AR20110005423



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005423



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1