IN THE CASE OF:

		BOARD DATE:  10 September 2013

		DOCKET NUMBER:  AR20130012229


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 DD Form 2329 (Record of Trial by Summary Court-Martial), dated 20 March 2006, from his Army Military Human Resource Record (AMHRR).

2.  The applicant states the DD Form 2329 has served its purpose.  The summary court-martial officer did not impose any punishment, but the DD Form 2329 is still in his AMHRR.  He has been working on this problem for the last 6 years and has not yet found justice.  He was able to reenlist and has received three Army Good Conduct Medals.  He further states they were attempting some sort of harassment, but the accused changed her mind many times and made false statements.  He was the victim of a witch hunt to find anything illegal, such as a Playboy Magazine.  This has been a thorn in his records for over 7 years and he has not been able to progress in his career.

3.  The applicant provides copies of:

* DD Form 2329, dated 20 March 2006
* DA Form 4430 (Department of the Army Report of Result of Trial), dated 13 March 2006
* memorandum, Headquarters and Headquarters Company, 1st Battalion, 124th Infantry Regiment, dated 13 March 2006, subject:  Recommendation on Convening Authority Final Action
* Certificate for Completion of Additional Duty Safety Course, dated 21 May 2006
* Permanent Orders 073-001, Special Troops Battalion, 4th Brigade Combat Team, 4th Infantry Division, dated 14 March 2007 (Army Good Conduct Medal)
* Army Achievement Medal Certificate, dated 5 April 2007
* Permanent Orders 156-001, U.S. Army Combined Arms Support Command and Fort Lee, VA, dated 5 June 2007 (Army Good Conduct Medal)
* Quartermaster Noncommissioned Officers Academy Certificate of Training, dated 13 July 2007
* Combat Lifesavers Course Certificate of Training, dated October 2007
* Meritorious Service Medal Certificate, dated 9 June 2008
* Helicopter Over Water Survival Training, Dunker, Heeds, Initial Certification Course Certificate of Completion, dated 28 July 2008
* Survival, Evasion, Resistance, and Escape, Level B, Certification of Completion, dated 31 August 2008
* Survival, Evasion, Resistance, and Escape, Level C, Certification of Completion, dated 31 August 2008
* Safety Guardian Award Certificate, dated 15 August 2009
* Bronze Star Medal Certificate, dated 7 May 2011
* Equal Opportunity Leaders Course Certificate of Training, dated 6 June 2012
* 40-Hour Rappel Master Course Certificate of Completion, dated 28 September 2012
* eight DA Forms 2166-8 (Noncommissioned Officer Evaluation Report) covering the period 1 December 2005 to 28 November 2012
* DA Form 1059 (Service School Academic Evaluation Report), dated 14 February 2013 (Petroleum and Water Specialist)
* email communication between the applicant and summary court-martial officer, dated 7 May 2013
* Permanent Orders 130-001, 4th Brigade Combat Team, 101st Airborne Division, dated 10 May 2013 (Army Good Conduct Medal)
* letter from the President, Department of the Army Suitability Evaluation Board (DASEB), dated 10 July 2013, with enclosures

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, he was serving in the Regular Army in the rank of staff sergeant/pay grade E-6.

2.  The DD Form 2329, dated 20 March 2006, provides a record of the applicant's summary court-martial.  At the preliminary proceedings held on 13 March 2006, 


the applicant was given a copy of the charge sheet.  He did not object to trial by summary court-martial and was not represented by counsel.  There were four charges with a total of five specifications.  He pleaded not guilty to all charges and specifications.  He was found guilty of charge I, specification 1, and not guilty of all remaining charges and specifications.  This DD Form 2329 is currently filed in the performance folder of his AMHRR, along with the following associated documents:

* DA Form 4430, dated 13 March 2006
* memorandum, Headquarters and Headquarters Company, 1st Battalion, 124th Infantry Regiment, dated 13 March 2006, subject:  Recommendation on Convening Authority Final Action

3.  The memorandum notes that the commander did not impose any punishments but recommended that the convening authority implement the following provisions:

* Periodic room inspections for contraband of a pornographic or sexually explicit nature
* Prepare and present a training class on all prohibited activities outlined    in Multi-National Division-Baghdad, General Order Number 1, dated           7 January 2006

4.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.

	a.  Once recorded, it will not be removed except as provided by law or this regulation.

	b.  Once placed in the AMHRR, the document becomes a permanent part of that file.  The document will not be removed from, or moved to another part of, the AMHRR unless directed by one or more of the following:

* Army Board for Correction of Military Records
* DASEB
* Chief, Appeals and Corrections Branch, USAHRC
* AMHRR custodian when documents have been improperly filed
* Commander, U.S. Army Human Resource Command, 
ATTN:  HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center

	c.  DD Forms 2329 and associated memoranda, opinions, or letters of legal review will be filed 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 form and all related documents in the restricted folder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DD Form 2329, dated 20 March 2006, should be removed from his AMHRR because it has served its purpose.

2.  The applicant argues that this document is preventing him from progressing in his military career.  The DD Form 2329 and associated documents constitute a record of the legal proceedings pertaining to the applicant.  They were not filed in his AMHRR for the purpose of changing his behavior.  As such, his argument that they have served their purpose is moot.

3.  The DD Form 2329 and its associated documents are properly filed in the performance folder of his AMHRR.  Therefore, it should not be removed.

4.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

5.  In view of the foregoing, there is no evidence or error or injustice.  Therefore, the applicant's request should be denied.

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)                                         AR20130002078



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ABCMR Record of Proceedings (cont)                                         AR20130012229



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