BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20130005421
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 a Standard Form (SF) 312 (Classified Information Nondisclosure Agreement) be removed from his Army Military Human Resource Record (AMHRR) (formerly known as the official military personnel file).
2. He states he hasn't had any issues since he regained his security clearance over 10 years ago, and there is no need for the document to remain in his AMHRR. He states, in effect, that since an incident that resulted in suspension of his security clearance he has served well in the Army. He wants the SF 312 removed so it doesn't affect his military career.
3. He provides no documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 6 April 2000, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 42A (Human Resources Specialist).
2. On 23 January 2002, he signed an SF 312, thereby agreeing to standard terms and obligations related to his access to classified information. On 3 December 2002, he signed a second SF 312. Neither form makes any reference to a suspension of his security clearance.
3. His AMHRR is void of documentation of any incidents that may have resulted in suspension of his security clearance.
4. On 31 May 2005, he was honorably released from active duty in the rank/grade of specialist/E-4 and transferred to a Reserve component unit.
5. On 26 April 2006, he enlisted again in the Regular Army. At the time of his application, he was serving in the rank/grade of staff sergeant/E-6.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. The version in effect on the dates the applicant signed the SF 312s in his AMHRR provided that SFs 312 would be filed in the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. A thorough review of the applicant's AMHRR found no evidence of an incident resulting in suspension of his security clearance. It appears he believes the presence of two SFs 312 in his record is evidence of an incident that isn't documented elsewhere in his AMHRR. Even if one were to infer that his security clearance had been suspended, one would not be able to determine why it had been suspended.
2. At the time he completed the SFs 312, the governing regulation required they be filed in the AMHRR. There is no evidence showing error, inequity, or injustice in the presence of these documents in his AMHRR. In the absence of such evidence, there is no basis for granting the requested relief.
3. In his application, the applicant describes an incident of what appears to be misconduct that is not documented in his AMHRR. Normally, an Army Board for Correction of Military Records Record of Proceedings is filed in the applicant's AMHRR. In this case, doing so would introduce information into his record that may do him harm. Therefore, this Record of Proceedings should not be filed in his AMHRR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x__ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined that information contained in this Record of Proceedings could potentially harm the individual concerned. Therefore, this Record of Proceedings will not be filed in his 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) AR20130005421
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ABCMR Record of Proceedings (cont) AR20130005421
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