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ARMY | BCMR | CY2013 | 20130010117
Original file (20130010117.txt) Auto-classification: Denied

		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.



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ABCMR Record of Proceedings (cont)                                         AR20130010117



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