IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130022219
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 her Army Military Human Resource Record (AMHRR).
2. The applicant states the U.S. Army Human Resources Command uploaded her legal separation document and now they will not remove it. She has since reconciled with her spouse and her marital status has been updated on her Officer Record Brief (ORB).
3. The applicant provides a copy of an electronic mail (email) and her ORB.
CONSIDERATION OF EVIDENCE:
1. The applicant is 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 an ORB which shows her marital status as 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 the ABCMR. 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 her 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; therefore, it serves no purpose residing in her AMHRR. In view of the foregoing, she is entitled to removal of the document from her 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 her 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) AR20130022219
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