BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130011203
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, in effect, transfer of his summary court-martial proceedings to the restricted portion of his Official Military Personnel File (currently known as the Army Military Human Resource Record (AMHRR)).
2. The applicant states his court-martial was imposed in 2007 for a mistake he made while serving in support of Operation Iraqi Freedom from 2006 to 2008. At the time, he was assigned to the 1st Air Cavalry Brigade, 1st Cavalry Division in the grade specialist/E-4. He regrets his error and would like the opportunity to advance in his career as a noncommissioned officer. He has completed his punishment and has progressed since his mistake.
3. The applicant provides his Enlisted Record Brief (ERB), numerous awards, certificates of achievement, and training certificates.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 August 2005. He completed training and was awarded military occupational specialty 88N (Transportation Management Coordinator) and is currently a staff sergeant serving in Korea.
2. His AMHRR contains numerous documents related to his summary court-martial to include a DD Form 458 (Charge Sheet), dated 10 October 2007, which shows that while he was assigned to Camp Taji, Iraq, he was charged with violating General Order Number One by consuming alcohol on 4 October 2007.
3. A DD Form 2329 (Record of Trial by Summary Court-Martial), dated
27 October 2005, shows he was charged with and found guilty of violating Article 92, under the Uniform Code of Military Justice (UCMJ) for disobeying a lawful general order by consuming alcohol in a deployed environment. A review of his AMHRR in the Interactive Personnel Electronic Records Management System (iPERMS) shows that the summary court-martial and all allied documents are filed in the Performance folder of this file.
4. The applicantÂ’s record contains numerous awards and decorations which include, but are not limited to the Army Commendation Medal (2nd Award), Valorous Unit Award, Meritorious Unit Commendation, Drivers Badge with Wheeled Component Bar, and the Iraq Campaign Medal. His record also contains several Noncommissioned Officer Evaluation Reports received during the period beginning October 2009 through January 2013. These reports show he was rated as "among the best" for overall potential for promotion and/or service in positions of greater responsibility and the comments support these ratings. In addition, his senior raters found that his overall performance and potential for promotion merited both "successful" and "superior" ratings respectively.
5. Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.
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. Appendix B, Table B-1 lists the documents which have been approved by Department of the Army for filing in the AMHRR and/or iPERMS. It states, in part, to file summary court-martial orders in the "Performance" folder when there is an approved finding of guilty on at least one specification. If all approved findings are not guilty, file the order in the "Restricted" folder. If all charges and specifications are later dismissed or if all findings of guilty have been reversed in a supplemental order, remove all related orders from the "Performance" folder and transfer them to the "Restricted" folder.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his summary court-martial record be transferred to the restricted portion of his AMHRR.
2. His awards and evaluations speak highly of the applicantÂ’s performance of duty and potential for continued service in positions of increased responsibility.
3. However, evidence confirms he was convicted by a summary court-martial of violating Article 92 of the UCMJ. By regulation, court-martial orders will be filed in the performance portion of the AMHRR when there is an approved finding of guilty on at least one specification. The regulation states only if all charges and specifications are later dismissed or if all findings of guilty have been reversed in a supplemental order, remove all related orders from the "Performance" folder and transfer them to the "Restricted" folder.
4. He has not provided any evidence and his record is void of any documentation showing the charge was reversed or dismissed. As such, he 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 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.
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