IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140007908
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 a DA Form 268 (Report to Suspend Favorable Personnel Actions) and other unfavorable information from his military records.
2. The applicant states retention of the unfavorable information in his military records is unjust because it renders him ineligible for reentry into the Army.
3. The applicant provides a memorandum from the U.S. Army Human Resources Command (HRC), dated 15 August 2011, subject: Initiation of Elimination, and a DA Form 268.
CONSIDERATION OF EVIDENCE:
1. After a period of prior Regular Army, U.S. Reserve, and Army National Guard service, the applicant was ordered to active duty in the U.S. Army Reserve Active Guard Reserve Program on 24 November 2005 as a captain.
2. On 15 August 2011, the applicant was informed via HRC memorandum that he had been identified for elimination from the Army by the Military Intelligence Branch. In conjunction with this notification, a DA Form 268 non-transferable flag was initiated the same day.
3. On 9 November 2012, the applicant was honorably discharged by reason of substandard performance under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges).
4. A review of his Official Military Personnel File (OMPF), archived in the interactive Personnel Electronic Records Management System (iPERMS), showed no copies of the DA Form 268 and HRC memorandum referencing his elimination were uploaded into his OMPF in iPERMS.
5. A review of the Soldier Management System (SMS) maintained by HRC shows his records are flagged (no favorable personnel actions may be processed) effective 15 August 2011.
6. Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag)) prescribes policies, operating rules, and steps governing suspension of favorable personnel actions. Paragraph 2-9 (Removal of a Flag) states the rules for removing a flag initiated due to involuntary separation or discharge are as follows: "Remove the Flag on the date HQDA [Headquarters, Department of Army] or the appropriate commander approves retention of the Soldier, or on the date the Soldier is reassigned to the transition point (Active Component) or discharge orders are published (Reserve Component)."
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. Per appendix B (Documents Required for Filing in iPERMS), the list of documents required for filing in the OMPF and/or iPERMS is maintained by the HRC Army Soldier Records Branch. Non-transferable flags are not filed in the OMPF and/or iPERMS.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests removal of a nontransferable flag and the HRC memorandum, dated 15 August 2011, informing him of the initiation of elimination action against him from his records.
2. Per Army Regulation 600-8-104, nontransferable flags are not filed in the OMPF and/or iPERMS. A review of iPERMS revealed that neither document was uploaded into his electronic records. Therefore, no action is required.
3. A review of SMS reveals that the applicant's records are still flagged (no favorable personnel actions may be processed) effective 15 August 2011.
4. Army Regulation 600-8-2 dictates that a flag initiated due to involuntary separation or discharge will be removed on the date the Soldier is reassigned to the transition point (Active Component) or discharge orders are published (Reserve Component).
5. In view of the aforementioned evidence, the applicant's request for initiation of an electronic transaction to remove the flag associated with his involuntary discharge from Army personnel databases should be granted.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 processing an electronic transaction to remove the flag associated with the applicant's involuntary discharge from all prescribed Army personnel databases, to include the HRC SMS.
______________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) AR20140007908
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