IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120004367
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 the removal of all documents related to the denial of his appeal by the Enlisted Special Review Board (ESRB) on 17 March 2009 in case number AR20080017021 from his official records.
2. The applicant states the ESRB denied his Noncommissioned Officer Evaluation Report (NCOER) appeal and the Army Board for Corrections of Military Records (ABCMR) granted him full relief in his appeal. However, the denial documents by the ESRB are still present in his records and will only serve to confuse promotion selection boards and possibly prevent his promotion.
3. The applicant provides copies of his ESRB denial and the Board's approval of his appeal.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 18 August 2000 and he is currently serving on active duty in the Active Guard Reserve (AGR) program.
2. The applicant applied to the ESRB for removal or correction of an NCOER covering the period 1 February 2006 through 31 January 2007. On 17 March 2009, the ESRB denied his appeal and directed the proceedings be filed in the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
3. The applicant submitted his appeal to this Board and on 30 September 2010, the Board granted full relief.
4. A review of his official record shows that both the denial by the ESRB and the Board's approval are filed in the restricted section of the applicant's AMHRR located in his interactive Personnel Records Management System (iPERMS) file.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides that documents related to the denial of an evaluation report will be filed in the restricted section of the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the documents surrounding his appeal to the ESRB should be removed from his official records because the Board granted full relief in his case and because it would only serve to confuse selection boards that review the record has been noted and appears to have merit.
2. Given that the previous Board in Docket Number AR20100008884 approved his appeal, the denial by the ESRB serves no useful purpose in his AMHRR and as the applicant suggests, it serves to confuse anyone reviewing his records.
3. Therefore, as a matter of equity, all documents related to the denial by the ESRB on 17 March 2009 and all documents related to that case should be removed from his AMHRR.
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 be corrected by
removing from his AMHRR all documents related to the denial of his appeal by the ESRB on 17 March 2009 in Docket Number AR20080017021.
___________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) AR20120004367
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ABCMR Record of Proceedings (cont) AR20120004367
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