IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022421
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 the following documents from her Official Military Personnel File, currently the Army Military Human Resource Record (AMHRR):
a. DA Form 4856 (General Counseling Form), dated 17 July 2006, which consists of two pages; and
b. "MA-SJA" (Staff Judge Advocate) Form 2627-R (Record of Proceedings Under Section 5301, PCMJ), dated 17 July 2006, for the training week of 16 July 2006, which also consists of two pages.
2. The applicant states:
a. After 9 years of dedicated service in the Pennsylvania Army National Guard (PAARNG), including a tour in Iraq, her service ended on 22 October 2012.
b. After being discharged she reviewed her AMHRR and she was concerned to see the negative counseling that she received more than 6 years ago is in her record. This is the only negative counseling that she received in 9 years of dedicated service. The dozens of positive counselings that she received are not included in her record. She believes this negatively depicts the character of her service and a person who did not serve with her or know her personally could make the assumption that she was a bad Soldier.
c. The negative counseling was for a minor offense early in her military career. Although she was reduced in rank, she went on to be promoted, serve in Iraq with distinction, and she received numerous awards, citations, and positive counseling statements.
d. She believes the negative information should be removed from her AMHRR so that the character of her service is accurately reflected.
3. The applicant provides copies of the:
* MA-SJA Form 2627-R
* DA Form 4856
CONSIDERATION OF EVIDENCE
1. The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows she enlisted in the PAARNG on 23 October 2003 and she was honorably discharged on 22 October 2012 in the rank of specialist/E-4.
2. A review of the applicant's records show the following documents are filed in the performance portion of her AMHRR:
a. MA-SJA Form 2627-R, dated 17 July 2006, showing that as a private first class/E-3:
(1) She was charged with failing to obey a lawful order and knowingly consuming alcohol while under the legal minimum age as determined by
State law.
(2) Her punishment was reduction in rank by one grade. She did not appeal.
b. DA Form 4856 for the training week of 16 July 2006 showing that on
17 July 2006, while attending Annual Training at Fort Indiantown Gap, she disregarded a lawful verbal order setting forth the guidance as to who could consume alcohol.
3. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) serves as the authority for filing documents in official records.
a. Only those documents listed in Table B-1 (Authorized Documents) and Table C-1 (Outdated Documents or No Longer Authorized for Filing in the AMHRR) are authorized for filing in the AMHRR. Once placed in the record, the document becomes a permanent part of that file.
b. Table B-1 does not authorize the filing of the DA Form 4856 or the
MA-SJA Form 2627-R. The Additional Filing Instructions for the DA Form 2627 (Record of Proceeding under Article 15, UCMJ) state: "No UCMJ, Art. 15 or supporting documents will be filed for an E4/corporal and below."
DISCUSSION AND CONCLUSIONS:
The DA Form 4856, for the training week of 16 July 2006, and the MA-SJA Form 2627-R, dated 17 July 2006, are not authorized to be filed in her AMHRR. Therefore, it would be appropriate to remove these documents from the applicant's 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 the DA Form 4856, for the training week of 16 July 2006, and the
MA-SJA Form 2627-R, both dated 17 July 2006, from the applicant's AMHRR.
_______ _ _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) AR20120008962
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ABCMR Record of Proceedings (cont) AR20120022421
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