IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140016160 


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 a summary court-martial from a different service (U.S. Marine Corps (USMC)) be removed from the performance folder of his official military personnel file (OMPF) or transferred to the restricted folder. 

2.  The applicant states:

   a.  The inclusion of the summary court-martial in his Army record was unintentional.  It was entered into the Interactive Personnel Electronic Records Management System (iPERMS) by the Florida Army National Guard (FLARNG) as part of a moral waiver packet.  

   b.  The summary court-martial happened in 1996 when he was a member of the USMC.  He was not discharged as a result of the court-martial.  He completed his enlistment and received an honorable discharge with a separation code of "MBK" and reentry code of "1."  This was the only document from his USMC records which was entered into iPERMS.

   c.  The summary court-martial document was mislabeled and the date of the document is inaccurate as well.  The date recorded in iPERMS is his date of discharge from the USMC, not the actual date of the summary court-martial.  The summary court-martial appearing in his Army board file is hindering his ability to continue progressing in his career.  He was given a waiver to serve in the Army and has done so without the incident since 2006.  If the summary court-martial can be removed from his file or at a minimum placed in a restricted file, it would allow him a fair opportunity to continue serving the Army and the country.
3.  The applicant provides copies of the following:

* Navy-MC (NAVMC) Form 118(13) (Record of Conviction by Court-Martial)
* USMC Meritorious Mast certificate
* two Performance and Conduct Evaluation Counseling
* USMC DD Form 214 (Certificate of Release or Discharge from Active Duty)
* four letters
* Request for The Adjutant General (TAG) Waiver memorandum
* email correspondence
* DD Form 368 (Request for Conditional Release)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Army Enlisted Record Brief (ERB)
* five DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USMC on 5 December 1994.  He was awarded military occupational specialty (MOS) 2141 (amphibious vehicle repairman).  He was promoted to corporal, pay grade E-4, on 1 March 1998.

2.  He provided copies of the following:

   a.  An NAVMC Form 118(13), dated 17 July 1996, shows he was convicted by a summary court-martial of unauthorized absence and was sentenced to a forfeiture of pay for one month and 60 days of restriction.  On 23 July 1996, the convening authority approved the sentence and ordered it executed.  

   b.  A USMC Meritorious Mast certificate, dated 8 May 1997, he received for outstanding service from 30 January through 16 February 1997.

   c.  Two Performance and Conduct Evaluation Counseling wherein he was assessed as "Outstanding" and "Excellent" in his performance and conduct during the period from 1 to 29 May 1998 and an undated period.

3.  He was honorably released from the USMC in pay grade E-4 on 26 January 1999, for completion required active service, and he was transferred to the USMC Reserve Corps.  He was credited with completing 4 years, 1 month, and 22 days. 


4.  He further provided copies of the following:

   a.  Three letters of recommendation wherein the individuals attested to his high level of professionalism, dependability, and hard work.

   b.  A letter, dated 20 October 2006, wherein he stated:

		(1)  He enlisted in the USMC on 5 December 1994.  On 14 November 1995, he failed to report to his unit and decided to take an unauthorized absence of leave.  Upon careful consideration of his actions, on 6 January 1996, he returned to the 3rd Assault Amphibious Battalion and turned himself over to the chaplain and the officer of the day.

		(2)  He was charged with an Article 68, Uniform Code of Military Justice, and he pled guilty to his charges.  He was sentenced to a forfeiture of pay for one month and 60 days of restriction.  After completing his 60 days of restriction, he performed his duties in an above-average manner.  He was consecutively promoted to the rank of corporal and received numerous compliments on his knowledge and abilities with regard to his MOS.  He had no further incidents throughout his enlistment.

   c.  A Request for TAG Waiver memorandum, dated 7 November 2006, which shows he was granted a waiver for a previous separation for "Misconduct" to allow his enlistment in the FLARNG.

   d.  Email correspondence, dated 8 November 2006, which advised of the approval of his waiver.

5.  He enlisted in the FLARNG in pay grade E-4 on 14 November 2006.  He was awarded MOS 11B (infantryman).   

6.  A DD Form 368, dated 13 March 2007, shows his request for a conditional release for enlistment in another component of the U.S. Army Forces was approved.  

7.  He was honorably discharged from the FLARNG on 26 April 2007.  

8.  He enlisted in the Regular Army (RA) on 24 April 2007 and served in MOS 11B.  He was promoted to pay grade E-6 on 1 February 2010.  

9.  He also provided copies of five DA Forms 2166-8 which show he was assessed as "Successful," "Excellent," Fully Capable," and "Among the Best" for the periods from June 1998 through May 2009, June 2009 through May 2010, June 2010 through May 2011, June 2011 through May 2012, and June 2012 through May 2013.

10.  A review of his records located on iPERMS revealed a copy of the NAVCM Form 118(13) and allied documents are filed on his Performance (P) folder of his OMPF.

11.  Army Regulation 600-8-104 (Army Human Resource Records (AMHRR) Management) prescribes the policies governing the OMPF and its composition.  The regulation stated once a document is placed in the OMPF it became a permanent part of that file and would not be removed from that file or moved to another part of the file unless directed by the proper authority.

12.  Military Personnel Message 13-024, Subject: Changes to Documents Authorized for Filing in the AMHRR and/or IPERMS), states effective immediately Army Personnel Records Division (APRD) will update the list of Authorized Documents for filing in the AMHRR quarterly.  The list provides for the filing on the performance folder of miscellaneous disciplinary documents.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was convicted by a summary court-martial during his period of service in the USMC.  In accordance with regulatory guidance, miscellaneous disciplinary documents will be filed on the performance folder.  Since the NAVMC Form 118(13) is a miscellaneous disciplinary document it is properly filed on the performance folder of his iPERMS.  There is no evidence the charges and specifications were dismissed or reversed.

2.  Therefore, there is no error or injustice and 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.



ABCMR Record of Proceedings (cont)                                         AR20140016160





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ABCMR Record of Proceedings (cont)                                         AR20140016160



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