IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140010281
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 removal or transfer to the restricted section of his Official Military Personnel File (OMPF) of Orders 00-159-013 dated 7 June 2000.
2. The applicant states that he was unaware of the orders and was never a no show as the orders claim. However, they are serving as an impediment to his Army career.
3. The applicant provides a two-page letter explaining his application.
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 Army Board for Correction of Military Records (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. After serving 4 years in the Regular Army, the applicant was honorably released from active duty (REFRAD) on 22 September 1998 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. On 16 August 1999, he voluntarily transferred to a Reserve troop program unit in Dublin, Virginia.
4. On 31 December 1999, he was transferred to the USAR Control Group (Reinforcement) due to being a No-Show in Orders 00-159-013 dated 7 June 2000 issued by Headquarters, 80th Training Division, Richmond, Virginia.
5. On 24 July 2002, he voluntarily transferred back to the TPU in Dublin, Virginia.
6. On 13 September 2004, he was transferred to the 80th Division Headquarters, Detachment 4 in Richmond, Virginia.
7. On 24 June 2005, he was transferred back to the TPU in Dublin, Virginia.
8. On 5 April 2007, he was involuntarily transferred to a TPU in Red Bank, New Jersey and on 6 April 2007, he was transferred to an alerted unit.
9. On 14 April 2012, he was transferred to Fort McCoy, Wisconsin.
10. On 17 April 2013, he was transferred to a TPU in Schuylkill Haven, Pennsylvania. He was serving in the pay grade of E-7.
11. Army Regulation 600-37 (Unfavorable Information) sets forth policy and procedures to authorize placement of unfavorable information about Army members in individual official personnel files, and ensure that the best interest of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files. It states once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Only letters of reprimand, admonition or censure may be the subject of an appeal for transfer to the restricted folder. Such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer will be in the best interest of the Army. The burden of proof rests with the recipient to provide substantial evidence that these conditions have been met.
12. Army Regulation 600-8-104 (Army Military Human Resource Records Management) serves as the authority for filing and the release of documents authorized for filing in the OMPF. It states the restricted folder is used for historical data that may normally be improper for viewing by selection boards or career managers. Documents in this folder are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, corrections to other parts of the OMPF; record investigation reports; record appellate actions; and to protect the interests of the Soldier and the Army. The release of information in this folder is controlled and will not be released without written approval from the U.S. Army Human Resources Command Commander or the Department of the Army Headquarters selection board proponent.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his orders should be transferred or removed from his OMPF because he was unaware of the orders and because he was not involuntarily reassigned has been noted and appears to lack merit.
2. By virtue of the fact that he was voluntarily reassigned to the TPU in Dublin, Virginia in July 2002, it is reasonable to presume that he was aware of how he got to the USAR Control Group (Reinforcement) and had to request reassignment back to the TPU.
3. In any event, he has provided no evidence to support his contention that the orders are in error or unjust.
4. Therefore, lacking such evidence, there appears to be no basis to grant his request.
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) AR20140010281
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ABCMR Record of Proceedings (cont) AR20140010281
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