IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130010117
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 the following documents be removed from his Army Military Human Resource Record (AMHRR) in the interactive Personnel Electronic Records Management System (iPERMS):
* five Standard Forms (SF) 86 (Questionnaire for National Security Positions) filed in iPERMS as depicted below:
* SF 86, dated 5 May 2005
* SF 86 P10, dated 3 October 2006
* SF 86 P11, dated 3 October 2006
* SF 86 P12, dated 3 October 2006
* SF 86 PAIPEI, dated 3 October 2006
* three Statements of Citizenship, dated 28 May 1980, 6 pages
* two DD Forms 369 (Police Record Check)
2. The applicant states, in effect:
* the filing the documents in his iPERMS is a security violation
* the documents should only be available to his unit security manager
3. The applicant provides no documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank/grade of staff sergeant/E-6.
2. A review of his AMHRR shows the following documents are filed in the Service folder of his iPERMS:
* four DD Forms 369 which show four separate checks for various locations in Ohio
* three Statements of Citizenship which also include copies of the applicant's:
* social security card and driver's license
* certificate of naturalization
* passport
* SF 86 P10, dated 3 October 2006, 1 page
* SF 86 P11, dated 3 October 2006, 1 page
* SF 86 P12, dated 3 October 2006, 1 page
* SF 86 PAIPEI, dated 3 October 2006, 12 pages
* SF 86, dated 5 May 2005, 15 pages
3. 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, formerly known as the official military personnel file.
a. Information and records contained in iPERMS are governed by the Privacy Act (1974) and the Army Privacy Act Program. The Privacy Act Statement identifies the information that will be used to verify an authorized official. Authorized officials and anyone else granted access to iPERMS will adhere to the Privacy Act and the Army Privacy Act Program to safeguard the privacy of current and former military Servicemembers.
b. No person is entitled or authorized to obtain or possess information contained in a Soldier's record solely by virtue of position. Records contained in iPERMS contain protected information and will only be made available to authorized and verified personnel, as required, in the performance of official business.
c. Records contained in iPERMS are designated "FOR OFFICIAL USE ONLY" regardless of classification and will be protected to prevent unauthorized access or disclosure.
d. First-party requestors are defined as individuals to whom the records pertain, including Soldiers in the following categories: Active, Reserve, National Guard, individual ready reserve, retiree, separated, or veteran.
e. Third-party requestors are defined as persons performing routine records maintenance, processing personnel actions, performing personnel management functions, or those with a demonstrated official need to know. Additionally, Soldiers, veterans, and retirees can designate a representative (for example, spouse, attorney, or other third party) to obtain information or documents contained in the AMHRR.
f. Table B-1 (Authorized Documents) provides that the following documents are filed in the Service folder of the AMHRR and/or iPERMS:
* SF 86
* SF 86 AUF
* SF 86 P10
* SF 86 P11
* SF 86 P12
* SF 86 PAIPEI
* Statement of Citizenship (also filed in the Mobilization/Deployment portion)
* DD 369 (only when check is part of enlistment, reenlistment, or appointment packet)
* documents and immigration and naturalization documents filed as citizenship statement
* social security number verification
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that in accordance with regulatory guidance the forms the applicant requested removal of are required to be maintained in the AMHRR. Information and records contained in iPERMS are governed by the Privacy Act and the Army Privacy Act Program and will be protected to prevent unauthorized access or disclosure.
2. In view of the foregoing, there appears to be no error or injustice in the filing of these documents in iPERMS or his AMHRR. As such, the applicant is not entitled to the 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 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) AR20130010117
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010117
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130012953
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Army Military Human Resource Record (AMHRR) to remove the Standard Form (SF) 312 (Classified Information Non-Disclosure Statement) and the DA Form 2-1 (Personnel Qualification Record-Part II). iPERMS, however, contains a variety of documents that are not authorized to be filed in a Soldiers AMHRR, and these documents are filed in "Additional Folders."
ARMY | BCMR | CY2014 | 20140018028
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows the effective date of his promotion to CPL as 1 June 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * moving the DD Form 369, dated 6 January 2009, and the attached page 11 of NAVMC Form 118(13) from the...
ARMY | BCMR | CY2013 | 20130014116
The applicant requests removal of the Standard Form 86 (Questionnaire for National Security Positions) Preaccession Interview/Preenlistment Interview (PAIPEI) from his Army Military Human Resource Record (AMHRR) in the interactive Personnel Electronic Records Management System (iPERMS). The governing regulation clearly states the Standard Form 86 PAIPEI is authorized for placement in the applicant's AMHRR service folder and a review of his records shows the form is properly filed. ...
ARMY | BCMR | CY2012 | 20120014520
Counsel requests removal of the General Officer Memorandum of Reprimand (GOMOR), dated 30 May 2006, from the applicant's Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). Because COL S ____ was in the applicant's chain of command this is considered part of the protected IG process to resolve complaints. Counsel provides a: * 22-page Supplemental Statement (legal brief co-signed by the applicant) * Counsel's Declaration * Department of the...
AF | DRB | CY2010 | FD-2009-00137 1
REQUESTING COPIES OF MILITARY RECORDS Pricr to applying for discharge review, potential applicants or their designated representatives may obtain copies of their military personnel records by submitting a Standard Form (SF) 180, Request Pertaining to Military Records, to the National Personnel Records Center (NPRC), 9700 Page Boulevard, St. Louis, MO 63132-5200. This letter serves as notice that I am initiating an action against you which could result in your involuntary separation from the...
ARMY | BCMR | CY2015 | 20150005667
The applicant requests removal of the felony assault charge from his official military personnel file (OMPF), listed under criminal records check. His DD Form 1966/1 (Record of Military Processing) shows in Section VI (Remarks) a moral waiver was approved by the Deputy Commanding General, U.S. Army Recruiting Command (USAREC), to allow the applicant to enlist. The prior assault, moral waiver, and the fact that the charge was later dismissed are documented in the Remarks section of the...
ARMY | BCMR | CY2012 | 20120007101
His background states he had a military criminal record. 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. Department of Defense Instruction 5505.7, subject: Titling and Indexing of Subjects of Criminal Investigations in the Department of Defense, dated 7 January 2003, states that titling ensures investigators can retrieve information in a report of...
ARMY | BCMR | CY2012 | 20120006577
There is also no DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) contained in the AMHRR. Department of Defense Instruction 5505.7, 7 January 2003, Titling and Indexing of Subjects of Criminal Investigations in the Department of Defense, states that titling ensures investigators can retrieve information in an ROI of suspected criminal activity at some future time for law enforcement and security purposes. In view of the foregoing, there is...
ARMY | BCMR | CY2013 | 20130005606
IN THE CASE OF: BOARD DATE: 28 May 2013 DOCKET NUMBER: AR20130005606 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests removal of SGLV 8286A (Servicemen's Group Life Insurance (SGLI) Family Coverage Election) from his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file (OMPF). The applicable regulation states that the SGLV 8286A is an approved document for filing in the AMHRR and/or iPERMs.
ARMY | BCMR | CY2013 | 20130017665
The applicant requests: * removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 13 February 2007, belonging to another Soldier from his records located on the integrated Personnel Electronic Records Management System (iPERMS) * removal of two DA Forms 2627, dated 20 January 2007 and 13 August 2007, from his Army Military Human Resource Record (AMHRR) * in the alternative, transfer of the Article 15 filed in the performance folder...