IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022809
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 permanent removal of General Court-Martial Order Number 14, dated 29 August 2012, from his records.
2. The applicant states:
* he was found not guilty of all specifications and charges and the order was placed in his restricted file
* this record is unjust, decimates his character, and has a negative impact on his career
3. The applicant provides:
* self-authored letter, dated 3 November 2012
* letter, Department of the Army Suitability Evaluation Board (DASEB), dated 26 November 2012
* General Court-Martial Order Number 14, dated 29 August 2012, issued by Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 27 December 1996. On 5 February 1997, he was discharged from the DEP and enlisted in the Regular Army for 4 years on 6 February 1997. He is currently serving the Regular Army in the rank/grade of staff sergeant/ E-6.
2. General Court-Martial Order Number 14, dated 29 August 2012, shows that on 29 August 2012, the applicant pled not guilty to four charges. He was found not guilty of three of the charges and the fourth charge was dismissed. All rights, privileges, and property of which the applicant had been deprived were restored.
3. A review of the restricted section of the applicant's interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the general court-martial order in question.
4. On 26 November 2012, the DASEB informed the applicant it did not have the authority to act on his request for removal of General Court-Martial Order Number 14 from his Army Military Human Resource Record (AMHRR).
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the AMHRR. Table B-1 of this Army regulation states that court-martial orders will be filed in the restricted section of the AMHRR if all approved findings are not guilty. The regulation also shows that if all charges and specifications of a court-martial order are later dismissed or if all findings of guilty have been reversed in a supplemental order, all related documents will be removed from the performance section and transferred to the restricted section of the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for permanent removal of General Court-Martial Order Number 14, dated 29 August 2012, from his records was carefully considered.
2. The regulatory guidance is to file a court-martial order in the restricted section of the AMHRR if all approved findings are not guilty. General Court-Martial Order Number 14, dated 29 August 2012, shows the applicant was found not guilty and/or had charges dismissed. This general court-martial order is properly filed in the restricted section of the applicant's AMHRR. Therefore, there is no basis for granting the applicant's request to remove this general court-martial order from his AMHRR.
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) AR20120022809
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ABCMR Record of Proceedings (cont) AR20120022809
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