IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110016144
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 transfer of the special court-martial order contained in the performance section of his official military personnel file (OMPF) to the restricted section of his OMPF.
2. The applicant states, in effect, that his actions at the time were the worst of youth and ignorance of a young Soldier and other than that incident, his performance has been admirable. He believes the document has served its purpose; however, its continued presence will hinder the Army from benefitting from his full potential as a Soldier.
3. The applicant provides a two-page letter explaining his application, three letters in support of his application, and copies of:
* Special Court-Martial Order Number 10, dated 13 February 2003
* his enlisted record brief
* four noncommissioned officer evaluation reports
* three academic evaluation reports
* a photograph of himself
* his award of the Bronze Star Medal
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 18 April 1981 and enlisted in the Regular Army on 9 September 1999 for training as a human resource specialist. He completed one-station unit training (OSUT) at Fort Jackson, South Carolina, and was transferred to Fort Stewart, Georgia.
2. On 11 September 2002 while serving in pay grade E-4, the applicant was convicted by a special court-martial of committing indecent acts with another, wrongfully having sexual intercourse with a married woman not his wife, and wrongfully committing an indecent act. He was sentenced to be reduced to pay grade E-1, to forfeit $737.00 pay per month for 3 months, restriction for 2 months, and hard labor without confinement for 3 months. The court-martial order is filed in the performance section of his OMPF.
3. On 10 June 2003, he reenlisted in pay grade E-4 for a period of 3 years and assignment to Fort Campbell, Kentucky. He was promoted to pay grade E-6 on 1 January 2005.
4. On 25 February 2008, he was honorably discharged due to parenthood under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-9. He completed 8 years, 5 months, and 17 days of active service.
5. On 11 June 2009, the applicant enlisted in the Regular Army in pay grade E-4 with an approved waiver for a period of 3 years and 10 weeks and training as an infantryman. He completed his OSUT and airborne training at Fort Benning, Georgia, and was transferred to Fort Campbell for assignment to a rifle company.
He was promoted to pay grade E-5 on 1 August 2010 and to pay grade E-6 on 1 April 2011.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) serves as the authority for filing documents in the OMPF. It states that when there is an approved finding of guilty on at least one specification, the court-martial order will be filed in the performance section of the OMPF. If all charges and specifications are dismissed or if all charges and approved findings are not guilty, the court-martial will be filed in the restricted section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant was convicted by a duly-constituted special court-martial and the court-martial order is properly filed in the applicant's OMPF in accordance with the applicable regulations.
2. While the applicant contends that the court-martial conviction has served its purpose and that the court-martial order should not be allowed to be accessed, the purpose of the court-martial order is to permanently document the offenses for which he was convicted. It was not placed in the applicant's OMPF for the purpose of teaching the applicant a lesson or serving as an incentive to overcome, with the expectation that it could be removed at a later date if his conduct so warranted.
3. While the applicant may have learned from his past mistakes, that in itself does not serve as a basis to move or remove documents from his OMPF that are properly filed.
4. The applicant's contentions have been noted; however, the government has an interest in maintaining such records and the applicant has not shown through the evidence submitted with his application or the evidence of record why the court-martial order in question should not remain where it is properly filed.
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 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) AR20110016144
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ABCMR Record of Proceedings (cont) AR20110016144
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