BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130013405 


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 an addendum to Army Board for Correction of Military Records (ABCMR) Docket Number AR20130008595, dated 11 July 2013, to include consideration for the removal from her Army Military Human Resource Record (AMHRR) the following documents: 

* Enlisted Special Review Board (ESRB) Docket Number AR20090020532 [hereinafter referred to as (the ESRB Record of Proceedings (ROP)], dated 15 October 2009, and all allied records
* ABCMR Docket Number AR20090009931 [hereinafter referred to as ABCMR ROP 1], dated 29 October 2009, and all allied documents
* ABCMR Docket Number AR20130008595 [hereinafter referred to as ABCMR ROP 2], dated 11 July 2013, and all allied documents

2.  She also requests referral to a Stand-By Advisory Board (STAB) for reconsideration for the Command Select List (CSL) for fiscal year 2014 (FY14) command sergeant major (CSM) list.

3.  The applicant states she recently received a board determination in ABCMR ROP 2, dated 11 July 2012, that rendered an approval to correct a noncommissioned officer evaluation report (NCOER) that was part of her AMHRR.  However, the board proceedings did not address additional items that 
were included in her self-authored statement, dated 11 April 2013, wherein she 


requested removal of her previous evaluations appeals and that her records go before the FY14 CSL STAB for the CSM list.  In a memorandum/self-authored statement, dated 11 April 2012, to the ABCMR, she requested the following relief that was not previously addressed in ABCMR ROP 2, dated 11 July 2013:

* the transcript [she purchased from an unaccredited school] and all associated documents relating to this [her appeal for the NCOER for the period 1 July 2008 through 30 June 2009 in ROP 2] and any previous appeals be removed from her AMHRR 
* the transcript [she purchased from an unaccredited school] be reviewed for removal during the processing of this appeal action based on guidance in:  

* Army Regulation 600-8-104 (Army Military Human Resource Records Management), table 81
* Military Personnel (MILPER) Message Number 10-109 (Procedures for Removal of Fraudulent Diplomas or Transcripts from a Soldier's AMHRR), dated 15 April 2010

* referral to a STAB for reconsideration by the FY14 CSL for the CSM list based on a material error which existed in her AMHRR when her file was viewed by the board

4.  The applicant provides:

* Self-authored statement, dated 26 July 2013
* Self-authored statement, dated 11 April 2013
* ROP 2, dated 11 July 2012

CONSIDERATION OF EVIDENCE:

1.  ABCMR Docket Number AR20130005242, dated 12 September 2013, denied her request for reconsideration to remove her Saint Regis University college transcript from her AMHRR.  This request had been previously considered by the ABCMR on 29 October 2009.  Therefore, this portion of the applicant's request will not be discussed further in this ROP.

2.  With respect to her request for a STAB, Army Regulation 15-185, paragraph 2-5, section II, the regulation under which this Board operates, states that the Board will not consider any application if it determines that an applicant has not exhausted all available administrative remedies.  

	a.  In accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 4-13 (Processing Request for STAB consideration), all STAB requests will be sent through the servicing promotion work center (PROM) for evaluation.  Each case will be evaluated by the servicing PROM.  Cases clearly not meeting these guidelines will be disapproved locally and will not be forwarded to HRC.  The request will be sent to Commander, U.S. Army Human Resources Command (AHRC–PDV–PE), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5407, and will include a certified true copy of the Personnel Qualification Record along with the source documents.

	b.  There is no evidence that the applicant initiated a request for a STAB through her PROM or HRC and that the request was denied.  Therefore, this portion of the applicant's request will not be discussed further in this ROP.

3.  The applicant enlisted in the Regular Army on 29 June 1987 and holds military occupational specialty 44C (Financial Management Technician).  She has served through a number of reenlistments or extensions in a variety of stateside or overseas assignments.  She currently holds the rank/grade of sergeant major (SGM)/E-9.

4.  The restricted folder of her AMHRR, as shown on the interactive Personnel Electronic Records Management System (iPERMS), as of 18 September 2013, contains the ESRB ROP (and allied documents), dated 15 October 2009 and ROP 1 (and allied documents), dated 29 October 2009.  There is no record of any other requests or petitions filed in her AMHRR.  

5.  Her AMHRR contains an ESRB ROP, dated 15 October 2009, which shows she requested removal of a non-concurrence memorandum attached to her NCOER for the period 1 July 2008 through 30 June 2009 and correction to the box-check in Part IId (Non-concur with Rater and/or Senior Rater Evaluation) to show her reviewer concurred with the rater’s and senior rater’s evaluation.  The ESRB denied her request and directed the board’s decision memorandum be filed in her AMHRR beside the evaluation report in question and the appeal documentation be filed in the restricted section of the appellant's AMHRR.  However, all decisional and allied documents were filed in her restricted folder vice being placed beside the evaluation in question.

6.  Her AMHRR contains ABCMR ROP 1, dated 29 October 2009, which shows she requested removal of her Saint Regis University college transcript from her AMHRR.  The ABCMR denied her requested relief and stated "The applicant’s 
contention and concern over the document in question is noted.  However, once a document is placed in the AMHRR, it becomes a permanent part of that file.  The AMHRR is an unbroken record of a Soldier's service, conduct, duty performance, and evaluation periods.  There is no evidence to suggest that the document in question is filed in error, nor is there any evidence it has adversely affected the applicant’s career.  There is no regulatory requirement that the transcripts be from an accredited institution before they may be filed in the AMHRR."

7.  Her AMHRR does not include ABCMR ROP 2, dated 11 July 2013; however, ABCMR ROP 2 considered her request for removal of a non-concurrence memorandum attached to her NCOER for the period 1 July 2008 through 
30 June 2009.  The ABCMR granted her requested relief and directed that her "record should be corrected to show her reviewer concurred with the rater and senior rater and the attached non-concurrence memorandum should be removed."

8.  She provided a self-authored statement, dated 26 July 2013, wherein she stated:

I recently received a Board determination AR20130008595 [ROP 2], dated 
11 July 2013 that rendered an approval to correct an [NCOER] that was part of my [AMHRR].  However, the Board proceedings did not address the additional items that were included in my self-authored letter, dated 
11 April 2013.  I requested the removal of the previous denied [NCOER] appeals and that my record go before a [STAB] for reconsideration for the [CSL] for the FY14 [CSM] list.  I am requesting that the Board consider these requests and provide an addendum to Board proceedings AR20130008595 [ROP 2].

9.  Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  Paragraph 3–5 (Authority for filing documents in the Army Military Human Resource Record folders) of this regulation states that only documents pertaining to a Soldier’s military career and listed in this regulation will be filed in the AMHRR.  Appendix B (Documents Authorized for Filing in the AMHRR and/or iPERMS) lists all the forms and documents which have been approved by DA for filing in the AMHRR and/or iPERMS.  This table shows:

	a.  ABCMR decisions, ROPs, memorandum/letter, and applications (with continuation pages when provided) will be filed in the "Restricted" folder unless otherwise directed by the ABCMR.  

	b.  Department of the Army Suitability Evaluation Board (DASEB) documents denying or approving requests for removal of adverse information will be filed in the “Performance” folder only if denied or partially denied.  If the DASEB approves the request and directs the transfer of the adverse action to the “Restricted” folder, the document directing this action will be filed in the “Restricted” folder along with the adverse action.  Allied documents related to denials will be filed in the “Restricted” folder.  If the DASEB approves a request and directs removal from the AMHRR, the decisional document directing removal of the adverse information will not be filed in the AMHRR.  Allied documents relating to approval requests will be filed in the AMHRR only if directed by the DASEB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's ESRB ROP and ABCMR ROP 1 were properly filed in her AMHRR in accordance with the governing Army regulation.  The purpose of maintaining the AMHRR is to protect the interests of the Army and the Soldier.  In this regard, the AMHRR serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and any corrections to other parts of the AMHRR.  Once placed in the AMHRR, the document becomes a permanent part of that file and will not be removed from or moved to another part unless directed by an appropriate authority.  In view of the foregoing, there is an insufficient evidentiary basis for removing these properly filed documents from her AMHRR.

2.  ABCMR ROP 2 and the associated allied documents have not yet been filed in her AMHRR; however, the governing Army regulation states that the "Restricted" folder of her AMHRR is the appropriate location for these documents to be filed; therefore, this ROP and all allied documents will be placed in the "Restricted" folder of her AMHRR.  

3.  While the applicant did not specifically mention the removal of ABCMR Docket Number AR20130005242, dated 12 September 2013, it should be noted that this ROP will also be filed in the restricted folder of her AMHRR for the same reasons outlined above in paragraph 1 of the discussion and conclusions.  

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)                                         AR20130013405





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ABCMR Record of Proceedings (cont)                                         AR20130013405



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