IN THE CASE OF:
BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20130004993
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 record of his acquittal by general court-martial from the restricted portion of his Army Military Human Resource Record (AMHRR).
2. The applicant states the presence of this document in his record precludes him from furthering his career by becoming a member of a special operations unit.
3. The applicant provides a copy of the final court-martial order.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Regular Army Soldier, enlisted on 4 November 2009. He completed training as an infantryman and was stationed at Fort Knox, Kentucky.
2. On 16 June 2011, the applicant, then serving in the rank of private/E-2, was tried by a general court-martial and found not guilty.
3. He reenlisted on 2 March 2012.
4. On 22 October 2012, the applicant, then serving in the rank of specialist/E-4, was awarded an Army Commendation Medal for meritorious service in Afghanistan during which he participated in over 100 missions.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the requirements and guidance for maintenance of military personnel records. A document reporting a trial by court-martial, whether a DA Form 458 (Charge Sheet) or a court-martial order, is to be filed in the restricted portion of the AMHRR if all approved findings are "not guilty."
DISCUSSION AND CONCLUSIONS:
1. Regulatory guidance is that court-martial documents where all findings are not guilty are filed in the restricted portion of a Soldiers AMHRR. In addition, there is always the possibility that someone will have some knowledge of the event. It is to the Soldier's advantage if the record reflects the truth. It is in the Armys interest that a historical record of the outcome of the trial be maintained in his personnel records.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of 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) AR20130004993
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ABCMR Record of Proceedings (cont) AR20130004993
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