BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003116
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 the transcript from Suffield College and University be removed from his official military personnel file (OMPF).
2. The applicant states he recently became aware that the transcript from Suffield College and University was from a non-accredited school. He contacted the U.S. Army Human Resources Command (HRC) and was told he had to submit a request to the Army Board for Correction of Military Records (ABCMR) for removal of the transcript. He plans on joining the U.S. Army Reserve soon and does not want it to be a problem for his enlistment opportunity. In addition, it is a personal ethical issue.
3. The applicant provides a transcript, three pages of email, and two military personnel (MILPER) messages.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior active and Reserve service, the applicant enlisted in the Regular Army on 5 May 1999. He was honorably discharged from active duty on 2 July 2004 by reason of completion of required active service.
3. A review his records shows a student transcript, dated 30 May 2003, issued by Suffield College and University awarding him an Associate Degree in Computer Science is filed in the performance folder of his OMPF.
4. He provides MILPER Message Number 10-109, issued 15 April 2010, title: Procedures for Removal of Fraudulent Diplomas or Transcripts from a Soldier's OMPF. This message states in part, diploma mills are schools that offer certificates, degrees, and/or diplomas for a fee. These schools are not accredited and are not recognized by the Department of Education or the Army. Army tuition assistance is not approved for these schools, promotion points are not authorized, and any diploma or transcript obtained from these schools is not authorized for posting to a Soldier's OMPF. It also details the procedures for active duty Soldiers to follow when requesting the removal of documents from their OMPF.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the transcript from Suffield College and University, dated 30 May 2003 is filed in the performance folder of the applicant's OMPF. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and the transcript was properly filed in his record after being submitted by the applicant.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. It has been over 10 years since the applicant was discharged from the Army. Although, he expressed a desire to remove the transcript from his OMPF, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. In view of the foregoing, he is not entitled to the requested relief.
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.
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