IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130021081
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 following documents from his Army Military Human Resource Record (AMHRR):
* DA Form 4187 (Personnel Action), requesting High School Stabilization
* Denial memorandum of the request for High School Stabilization
* Enlisted Record Brief
2. The applicant states he worked in the Radiology Department, at Dunham Army Clinic, Carlisle Barracks, PA. He was falsely accused of accessing an employee's personnel records when he sent information on the employee (Ms. P-----ia B-----on) to the American Registry of Radiology Technologists (ARRT) for possible registry violation. The information he sent were based on a witness account. He never released any Health Insurance Portability and Accountability Act (HIPPA) information. On the issue of [failing to complete required checks while performing duties as] Officer of the Day (OAD), corrective action was administered by his supervisor. He did not create a hostile environment or counseled on it. He was relieved from the Radiology Department under false pretense. He received an annual Noncommissioned Officer Evaluation Report (NCOER) not a relief-for-cause one and that was because the allegations were false. Additionally, the Army Regulation (AR) 15-6 (Procedures for Investigating Officers and Board of Officers) that was done was not filed and could not be found. He never received official findings regarding the AR 15-6.
3. The applicant provides:
* DA Form 4187, dated 21 February 2013
* Denial of Request for Stabilization, dated 19 April 2013
* ERB, dated 27 February 2013
* Relief-for-Cause memorandum
* DA Form 4856 (Developmental Counseling Form)
* DA Form 2166-8 (NCOER), for the rating period 25 march 2012 through 24 March 2013
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army (RA) on 2 November 1999 and he holds military occupational specialty 68K (Radiology Specialist).
2. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant/E-6 on 1 February 2008. He was assigned to Dunham Health Clinic, Carlisle Barracks, PA.
3. On 21 February 2013, he submitted a DA Form 4187 and requested High School Stabilization due to having a High School family member. With his application, he submitted an ERB, a letter from the school indicating his daughter would be graduating in June 2015, and a DD Form 1172 (Application for Identification Card/DEERS Enrollment).
4. On 19 April 2013, his senior commander denied his request for stabilization. The commander stated she had lost trust and confidence in his ability to lead, utilize good judgment, and protect the interest of patients, employees, the health clinic, and the U.S. Army.
5. The DA Form 4187 and its enclosures (ERB, letter from the school, and DD Form 1172) together with the denial memorandum are filed in the performance folder of his AMHRR.
6. AR 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. The AMHRR is an administrative record as well as the official permanent record of military service belonging to a Soldier.
7. Table B-1 is a compilation of all forms and documents which have been approved by Department of the Army for filing in the AMHRR and/or the interactive Personnel Electronic Records Management System. Table B-1 states for a DA Form 4187, file those forms that show final action that changes data in the AMHRR. The ERB is filed in the performance folder. The finding of unfavorable information is also filed in the performance folder of the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant submitted a DA Form 4187 wherein he requested a High School Stabilization which would have allowed him to remain at his permanent duty station until his daughter graduated from high school. With his request, he submitted an ERB, a DD Form 1172, and a letter from the school. His commander disapproved his request due to performance-related issues.
2. The applicant's DA Form 4187 together with the enclosures he submitted and the denial memorandum are filed in his AMHRR. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. While it is understood that the applicant desires to have these documents removed from his AMHRR there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. He provides no evidence to warrant removal of these documents from the AMHRR.
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) AR20130021081
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021081
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021381
Application for correction of military records (with supporting documents provided, if any). b. Paragraph 3-37b(1)a provides that the decision to file the original DA Form 2627 on the performance or restricted folder in the AMHRR will be made by the imposing commander at the time punishment in imposed. Applications for removal of a DA Form 2627 from a Soldier's AMHRR based on error or injustice will be made to the Army Board for Correction of Military Records (ABCMR).
ARMY | BCMR | CY2012 | 20120017848
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The NJP should be removed from his official record; therefore, the NCOER should be amended by deleting that part of the statement referencing the NJP/Article 15. As a result, the Board recommends denial of so much of the application that pertains to removing the entire NCOER from his AMHRR, terminating his involuntary retirement, and reversing the QMP Board's decision.
ARMY | BCMR | CY2013 | 20130009768
He provides: * self-authored memoranda, subject: [Applicant], Request for BAH Waiver to Retain BAH at Current Duty Location, dated 20 March 2013 and 10 April 2013 * e-mail correspondence * BAH waiver request template * document entitled Instructions to Obtain a BAH Waiver for PCS * ALARACT 021/2008 * ALARACT 324/2012 * letter, dated 11 March 2013, regarding his son's standing as a student * Officer Record Brief (ORB) * orders * Military Leave and Earnings Statement CONSIDERATION OF...
ARMY | BCMR | CY2013 | 20130013405
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...
ARMY | BCMR | CY2013 | 20130019262
The applicant requests a Noncommissioned Officer Evaluation Report (NCOER) for the period 1 March 2009 through 28 February 2010 (hereafter referred to as the contested NCOER) be removed from his Army Military Human Resource Record (AMHRR). Additionally, the contested NCOER shows in: * Part Ii (Rated Months) 12 * Part Ij (Non-Rated Codes) "I,S" * Part IIIf (Counseling Dates) initial "20090630" and later "20090928" and "20091203" * Part Ve (Senior Rater Bullet Comments) "Soldier refused to...
ARMY | BCMR | CY2015 | 20150000469
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal/deletion of an Article 15, dated 15 August 2002, from the restricted folder of his official military personnel file (OMPF). Four Army Achievement Medal certificates, dated between January 1999 and March 2007, issued for his exceptional meritorious service as a combat medic, outstanding performance of duty during deployment, and meritorious service while serving as an...
ARMY | BCMR | CY2013 | 20130018243
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 1 February 2012, from his Army Military Human Resource Record (AMHRR). His commanding officer directed the DA Form 2627 be filed in the performance section his AMHRR. The decision to file the original DA Form 2627 in the performance or restricted folder of the AMHRR will be made by the imposing commander at the time punishment is imposed.
ARMY | BCMR | CY2013 | 20130011271
The applicant provides: * ESRB appeal * the contested NCOER, digitally signed by the applicant on 27 May 2010 * the corrected NCOER, digitally signed by the applicant on 13 January 2011 * self-authored memorandum, dated 18 January 2012 * a memorandum from his battalion command sergeant major (CSM), subject: Evaluation Report Appeal, [Applicant], dated 15 February 2012 * a memorandum from his battalion commander, subject: Evaluation Report Appeal, [Applicant], dated 15 February 2012 * a...
ARMY | BCMR | CY2013 | 20130017665
The applicant requests: * removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 13 February 2007, belonging to another Soldier from his records located on the integrated Personnel Electronic Records Management System (iPERMS) * removal of two DA Forms 2627, dated 20 January 2007 and 13 August 2007, from his Army Military Human Resource Record (AMHRR) * in the alternative, transfer of the Article 15 filed in the performance folder...
ARMY | BCMR | CY2014 | 20140006021
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ) from the restricted folder of his Army Military Human Resource Record (AMHRR). Notwithstanding the statement 11 years after the Article 15 from Ms. KA that she falsely admitted adultery because she was afraid of the IO and her former spouse, the evidence of record confirms on 9 October 2003 the applicant accepted NJP for making a false official statement,...