IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130021033
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, removal of a six-page document entitled "Stipulation and Property Settlement Agreement Pursuant to Title 20, Section 20-109 and 20-109.1 of the Code of Virginia 1950, as amended," from his Army Military Human Resource Record (AMHRR).
2. The applicant states, in effect:
a. He was legally separated from his spouse; however, they have reconciled. A representative from the legal office stated since they never signed a divorce decree, all they had to do was destroy the legal separation documents.
b. His spouse has the same discrepancy and they request to remove the document from their AMHRRs. He further states their Officer Record Briefs (ORB) have been updated to reflect that they are married and are enrolled in the Married Army Couples Program (MACP).
3. The applicant provides:
* MACP - Soldier Data screenshot
* two ORBs
* DA Form 4187 (Personnel Action)
* an electronic mail (email)
CONSIDERATION OF EVIDENCE:
1. Both the applicant and his spouse are currently serving on active duty in the rank/grade of chief warrant officer three/CW3.
2. The applicant's AMHRR contains a six-page document entitled, "Stipulation and Property Settlement Agreement Pursuant to Title 20, Section 20-109 and 20-109.1 of the Code of Virginia 1950, as amended." This document is filed in the "State/Territory" folder under the name "Divorce Decree."
3. The applicant's AMHRR does not contain a copy of a divorce decree.
4. The applicant provides evidence to show he is currently married.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management), provides in table B-1 (Authorized Documents) that divorce decrees should be filed in the State, Mobilization/Deployment portion of the AMHRR. This regulation also provides that once filed such documents become a permanent part of the AMHRR and they may only be removed by one of several agencies, one of which is this Board. However, the regulation is silent on matters pertaining to the filing of property settlement agreements.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the six-page document entitled "Stipulation and Property Settlement Agreement Pursuant to Title 20, Section 20-109 and 20-109.1 of the Code of Virginia 1950, as amended," be removed from his AMHRR has been carefully examined and found to have merit.
2. The evidence of record clearly shows that the applicant's document is not a divorce decree and the governing regulation is silent on matters pertaining to the filing of property settlement agreements. In view of the foregoing, he is entitled to removal of the document from his AMHRR.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the six-page document entitled "Stipulation and Property Settlement Agreement Pursuant to Title 20, Section 20-109 and 20-109.1 of the Code of Virginia 1950, as amended" from the "State/Territory" folder of his AMHRR.
___________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) AR20130021033
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ABCMR Record of Proceedings (cont) AR20130021033
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