IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110016692 


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 all documents from his Official Military Personnel File (OMPF) relating to an erroneous period of service reported as absent without leave (AWOL)/dropped from the rolls (DFR). 

2.  The applicant states towards the end of basic combat training at Fort Benning, Georgia, he was injured and he:

   a.  had orders to report to Fort Campbell, Kentucky, on 18 January 2002.  However, due to his injury, he did not leave Fort Benning until 10 June 2002, at which time he reported to Fort Campbell;

   b.  thought there would be no negative impact from the incident because it was cleared up in May 2002; however, the documents are filed in his OMPF.  Administrative personnel in his unit have informed him that the documents could hinder his chances of being selected for promotion or special duty assignments; and

   c.  requests the removal of the erroneous documents from his OMPF.

3.  The applicant provides copies of the erroneous AWOL/DFR documents and correspondence documenting actions he has taken in an attempt to remove the documents.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 August 2001 and he was awarded military occupational specialty 11B (Infantryman).

2.  The applicant was promoted to staff sergeant (SSG) on 1 August 2009.

3.  The Integrated Personnel Electronic Records Management System (iPERMS) shows the following documents are filed in the restricted section of the applicant's OMPF: 

   a.  two (2) copies of a DD Form 616 (Report of Return of Absentee), dated
15 May 2002, stamped "Erroneous DFR" for an absence beginning 0600 hours, 28 February 2002, and DFR as of 30 March 2002;

   b.  a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 30 March 2002, for an absence beginning 0600 hours, 28 February 2002, and desertion as of 30 March 2002;

   c.  two DA Forms 4187 (Personnel Actions), both dated 30 March 2002, that show the applicant's duty status was changed:

       (1)  from assigned not joined to AWOL, effective 0600 hours,
28 February 2002; and

       (2)  from AWOL to DFR, effective 0001 hours, 30 March 2002.

   d.  a DA Form 4187, dated 13 May 2002, that shows the DA Form 4187, dated 30 March 2002, was corrected to "Delete the Erroneous Entry" that reads "ASN to AWOL, effective 0600 hours, 28 February 2002";

   e.  USAEREC Form 85 (DFR Packet), dated 17 May 2002;

   f.  DD Form 458 (Charge Sheet), dated 30 March 2002, charging the applicant with violating Article 85 of the Uniform Code of Military Justice for being absent without authority beginning on 28 February 2002 and remaining absent in a desertion status until [an unspecified date]; and

   g.  a memorandum signed by a captain, the Commander, Headquarters Company, 101st Soldier Support Battalion, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, undated, that shows the applicant went AWOL/DFR en route to the Replacement Company.

4.  In support of his application, the applicant provides the following documents:

   a.  The nine documents, as outlined in paragraph 3a-g (above), that are filed in the restricted section of his OMPF.

   b.  Correction of record documents that include:

       (1)  A memorandum from the applicant's battalion senior human resources (HR) technician, dated 29 June 2011, that shows the [above] documents cannot be accessed by the battalion HR office.  The HR technician requests removal of the documents from the applicant's OMPF.

       (2)  An email message string, dated between 21 June and 29 June 2011, showing the applicant asked the Chief, Army Soldier Records Branch, U.S. Army Human Resources Command (USA HRC), for assistance in removing the erroneous AWOL/DFR documents from his OMPF.  The applicant was advised that the documents could not be removed by USA HRC, he could submit an application to the Army Board for Correction of Military Records, and use the email message in support of his request.

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) are 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.  Once placed in the OMPF, the document becomes a permanent part of that file.

   a.  Table 2-1 shows for:

* DD Form 553 - file in the performance section; file allied documents in the restricted section; refer to filing instructions for the DA Form 4187
* DD Form 616 - file in the performance section; file allied documents in the restricted section; refer to filing instructions for the DA Form 4187
* DA Form 4187 - file only those forms that show final action that changes data in the OMPF; file location depends on the type of change; forms that document time lost to be made good to include AWOL or DFR duty status changes will be filed in the service section
* AWOL and Desertion - documents relating to AWOL and DFR status of a member [e.g., DD Form 458]; file all allied documents to the
DA Form 4187 in the restricted section

   b.  Paragraph 2-3 (Composition of the OMPF) provides, in pertinent part, 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 interests of the Soldier and the Army.
   
   c.  The restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, USA HRC, or Headquarters, Department of the Army selection board proponent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that documents relating to an erroneous period of service that was reported as AWOL/DFR should be removed from his OMPF because the service may adversely impact his selection for promotion and special duty assignments.

2.  The governing Army regulation shows the DD Form 553 and DD Form 616 are to be filed in the performance section of the OMPF, the DA Form 4187 is to be filed in the service section of the OMPF, and the allied documents (e.g., DFR packet, DD Form 458, etc.) are to be filed in the restricted section.

3.  In the applicant's case, approximately 45 days after the period of the reported AWOL/DFR, the reported duty status was determined to be erroneous.  Thus, it is reasonable to conclude the original documents would have initially been filed in either the performance or service sections of the applicant's OMPF.  Accordingly, upon determining that the applicant's reported duty status was in error, the documents were appropriately transferred to the restricted section of his OMPF.

4.  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 to show corrections to other parts of the OMPF and protect the interests of both the Soldier and the Army.

5.  Thus, the independent evidence provided by the applicant does not show there was an error made in the filing of the documents that would support removing them from his OMPF.  However, the applicant does have a viable argument that having the erroneous duty status documents filed in his OMPF is unjust.  Therefore, the documents in question should be removed from the applicant's OMPF, in this case.
BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned (i.e., identified above in the Consideration Evidence, paragraph 3a-g), be corrected by removing them from his OMPF.




      _______ _   _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)                                         AR20110016692



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ABCMR Record of Proceedings (cont)                                         AR20110016692



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