IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120007273
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 that the court-martial order from his prior service be transferred from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF.
2. The applicant states, in effect, that he received an upgrade of his discharge from the Army Discharge Review Board (ADRB) and subsequently enlisted again; however, the presence of the court-martial order in his OMPF is a serious roadblock for advancement of his current military career. Additionally, all of the actions regarding his upgrade were placed in his restricted fiche.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 June 1998 for a period of 4 years. He completed his training and was transferred to Fort Bragg, North Carolina.
2. He was advanced to the pay grade of E-4 on 19 August 2000 and on
18 October 2001 he reenlisted for a period of 6 years.
3. He was assigned to Fort Lee and was promoted to the rank of sergeant on 1 September 2002.
4. On 14 October 2003 he was convicted pursuant to his plea by a general court-martial of wrongfully having an intimate relationship with an initial entry trainee. He was sentenced to a reduction to the pay grade of E-4. The court-martial order is filed in the performance section of his OMPF.
5. On 17 October 2003, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 14, due to misconduct.
6. He applied to the ADRB for an upgrade of his discharge and on 29 November 2006, the ADRB directed that his discharge be upgraded to a fully honorable discharge under Secretarial Authority.
7. On 12 November 2008, he again enlisted in the Regular Army for a period of 4 years and 15 weeks, training as a food service specialist, and a $15,000 enlistment bonus.
8. He was promoted to the pay grade of E-5 on 1 October 2009. He deployed to Afghanistan with a special forces unit from Fort Bragg, North Carolina, and is currently assigned to a special forces unit at Fort Bragg.
9. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides the filing instructions for documents within the OMPF. It provides, in pertinent part, that court-martial orders will be filed in the performance section of the OMPF when there is an approved finding of guilty on at least one specification. If all approved findings are not guilty the order will be filed in the restricted section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant was convicted pursuant to his plea by a general court-martial and the court-martial order is properly filed in the performance section of his OMPF.
2. Notwithstanding that he was convicted by a court-martial in a prior period of service, the applicant has not shown through the evidence of record or evidence submitted with his application that an error or injustice exists in his case.
3. The applicable regulation provides that court-martial orders that contain at least one finding of guilty will be filed in the performance (commendatory/disciplinary) section of the OMPF and that regulation does not provide for filing such orders in the restricted section of the OMPF.
4. While it is understandable that the applicant desires to have the court-martial order filed in the restricted section of his OMPF, the order is properly filed and he has not shown a sufficient basis for it to be transferred. Accordingly, there appears to be no basis to grant his request.
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) AR20120007273
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