IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140016679
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 Weight Control Program documents, consisting of a DA Form 5501 (Body Fat Content Worksheet) and a DA Form 705 (Army Physical Fitness Test (APFT) Scorecard, be removed from her interactive Personnel Electronic Records Management System (iPERMS) Record.
2. She states the documents listed as Weight Control Program documents are not. She adds these documents were uploaded for a promotion board that were used as proof of a current APFT. She believes these documents have possibly hurt her chances for promotion.
3. She provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), A DA Form 705, and DA Form 5501.
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 in both the Army National Guard and the Regular Army, on
2 June 1999, the applicant enlisted in the U.S. Army Reserve (USAR). She is currently serving in the USAR as a sergeant first class (SFC)/E-7.
3. Her record contains a DA Form 705 and a DA Form 5501 that are contained in the administrative section in iPERMS in her official military personnel file (OMPF) listed under the document name and document title of Weight Program and Weight Control Program Documents, respectively. The DA Form 705 shows she was administered two APFTs: Test One is dated 4 December 2011 and Test Two is dated 4 October 2012. She was listed as a "No Go" for weight on both tests and a "Go" for body fat with a 36 percent (%) body fat for Test One and 35% body fat for Test Two. Additionally, the DA Form 5501 shows she was taped on 18 June 2012 and had a body fat of 35% with the block checked "Individual is in compliance with Army standards."
4. The applicant's record is void of any evidence that indicates she was enrolled in the Weight Control Program.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides that all personnel information recorded under the authority of this regulation is the property of the United States Government.
a. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from, or moved to, another part of the OMPF unless directed by one or more of the following:
* Army Board for Correction of Military Records
* Department of the Army Suitability Evaluation Board
* Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command (HRC)
* OMPF custodian when documents have been improperly filed
* Commander, HRC: ATTN: HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center
c. Appendix B of this regulation states that Weight Control Program documents will be maintained in the Mobilization/Deployment folder.
6. Army Regulation 600-9 (The Army Body Composition Program (ABCP)) (formerly known as the Army Weight Control Program) establishes policies and procedures for the implementation of the ABCP. Paragraph 3-8 states that commanders must maintain an ABCP file at the unit on each Soldier enrolled in the program.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains a DA Form 705 with two APFTs and a
DA Form 5501. All documents show she met the standards of the body fat composition and was in compliance with the Army standards.
2. As cited in Army Regulation 600-8-104, Weight Control Program documents will be maintained in the Mobilization/Deployment folder. However, these documents are listed in the administrative portion of her OMPF. Further, there is no evidence and the documents do not indicate that she was enrolled in the Weight Control Program. As specified in Army Regulation 600-9, the commander is responsible for maintaining an ABCP file at the unit on each Soldier enrolled in the program. Therefore, it appears that these documents are improperly filed and should be removed from her OMPF.
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 from the individuals iPERMS Record under the Document
Name/Document Title "Weight Program - Weight Control Program Documents" the DA Form 705 and a DA Form 5501."
_______ _ 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) AR20140016679
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ABCMR Record of Proceedings (cont) AR20140016679
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