IN THE CASE OF:	  

		BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20120020314 


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 a DA Form 4187 (Personnel Action) requesting separation based on Conscientious Objection, dated 3 March 2004, and all allied documents his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)).

2.  He states:

	a.  he applied for Conscientious Objector status while enlisted.  Prior to denial of the application, he returned to full duty and he honorably performed his duties.  The application and all its subparts remain in his AMHRR.  This entry prevented him from continuing his career and from returning to military service.

	b.  this reflects a time in his life when he was experiencing the world for the first time as unjust.  Instead of seeing the awards and commendations, the focus of his file was that application.  He was able to overcome the negative connotation of the term "Conscientious Objector" and he continued to serve as a member of the battalion's scout platoon within hostile environments.

	c.  he caused the injustice, but he believes he also was the cause for the majority of individuals in his battalion to forget about his difficulties.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and numerous DA Forms 4856 (Developmental Counseling Form).


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After completing prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 13 March 2003 for a period of 5 years.

3.  On 3 March 2004, he submitted a DA Form 4187 requesting separation based on Conscientious Objection in accordance with Army Regulation 600-43 (Conscientious Objection).  On the same date, his company commander recommended disapproval.

4.  His DD Form 214 shows he served in Iraq during the periods 15 March 2004 to 13 March 2005 and 1 October 2006 to 30 November 2007.

5.  In a memorandum, dated 30 July 2004, the President, Department of the Army (DA) Conscientious Objector Review Board (DACORB) stated the DACORB reviewed the applicant's application for Conscientious Objector status.  After thorough examination of the Case Record, the DACORB determined the applicant did not present convincing evidence in accordance with Army Regulation 600-43 that his stated beliefs warranted award of 1-0 status.  As a result, the President of the DACORB directed that a copy of the case record would be included in the applicant's AMHRR, Career Management Information File (CMIF), and Military Personnel Records Jacket (MPRJ) in accordance with Army Regulation 640-10 (Individual Military Personnel Records).

6.  On 12 March 2008, he was honorably released from active duty at the completion of his required active service.

7.  A review of the applicant's military records in the interactive Personnel Electronic Records Management System revealed his conscientious objector application and allied documents are filed in the service section of his AMHRR.


8.  Army Regulation 600-8-104 (AMHRR Management) prescribes the policies governing the AMHRR, MPRJ, CMIF, and Army Personnel Qualification Record.  Paragraph 2-4 of this regulation states that once a document is placed in the AMHRR it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by, in part, the ABCMR.  It further states applications (approved or disapproved) for classification as a conscientious objector and allied documents will be filed in the General Administration portion of the Service Section of the AMHRR.

9.  Military Personnel (MILPER) Message 13-024 - Changes to Documents Authorized for Filing in the AMHRR and/or interactive Personnel Electronic Records Management System (iPERMS), dated 26 June 2013, states, effective immediately Army Personnel Records Division (APRD), will update the list of Authorized Documents for filing in the AMHRR quarterly.  The new list of Authorized Documents will supersede the list in Table B-1, Appendix B of Army Regulation 600-8-104.  This updated listing states DACORB decisions will be filed in the Service Folder of iPERMS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant applied for conscientious objector status and/or requested separation based on conscientious objection in March 2004; however, his request was denied.  

2.  The conscientious objector application and allied documents are properly filed in the service portion of his AMHRR/iPERMS in accordance with applicable regulations.

3.  His service record is void of evidence and he has not provided compelling evidence to indicate his conscientious objector application was improperly filed.  

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120020314



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ABCMR Record of Proceedings (cont)                                         AR20120020314



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