IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110017569
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 Special Court-Martial Order Number 2, dated 4 April 2007, be removed from the performance section of his Official Military Personnel File (OMPF).
2. The applicant states the order is located on both his performance fiche and restricted fiche of his OMPF. Since this is a duplication, he would like the copy on his performance fiche removed.
3. The applicant provides a copy of the order.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army staff sergeant.
2. Special Court-Martial Order Number 2, Headquarters, U.S. Army Southern Europe Task Force, dated 4 April 2007, shows that, on 7 February 2007, the applicant, a staff sergeant, was convicted of dereliction in the performance of his duties, and making a false official statement. He was sentenced to be reduced to E-4 and to be confined for 4 months. On 4 April 2007, the convening authority approved the sentence. This order is filed on the applicant's performance fiche.
3. General Court-Martial Order Number 3, Headquarters, U.S. Army Southern Europe Task Force, dated 16 May 2007, shows that, on 3 August 2006, the applicant was charged with:
* stealing a laptop computer
* stealing mail matter
* dereliction of duty
* two specifications of false official statement
* wrongful receipt of stolen property
* assault on a commissioned officer
It also shows the proceedings were terminated and the charges and specifications were dismissed by the convening authority on 11 August 2006. This order is filed on the applicant's restricted fiche.
4. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF. Table 2-1 of this Army regulation states court-martial orders will be filed in the performance fiche when there is an approved finding of guilty on at least one specification. If all approved findings are not guilty, file the order on the restricted fiche. If all charges and specifications are later dismissed or if all findings of guilty have been reversed, remove all related orders from the performance fiche and transfer them to the restricted fiche.
DISCUSSION AND CONCLUSIONS:
1. The applicant claims that only one court-martial order is filed in two locations in his OMPF; he requests the copy of the order filed on his performance fiche be removed.
2. There are two separate court-martial orders in the applicant's OMPF. Special Court-Martial Order Number 2 reflects a guilty finding and is appropriately filed on the performance fiche. General Court-Martial Order Number 3 reflects the proceedings were terminated and all charges and specifications were dismissed. This order is appropriately filed on the applicant's restricted fiche.
3. All court-martial orders are correctly filed; the applicant's request cannot be approved.
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) AR20110017569
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ABCMR Record of Proceedings (cont) AR20110017569
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