IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140017671 


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 the following documents from his Official Military Personnel File (OMPF):

   a.  the voided DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 August 2006; and

   b.  the documents contained in the Case Files for Approved Separations located in the performance section of his OMPF. 

2.  The applicant states the Army Discharge Review Board (ADRB) upgraded his discharge in April 2008.  It is his understanding that upon receiving an upgraded discharge, the voided DD Form 214 and the associated documents contained in the Case Files for Approved Separations would be removed from his OMPF.  He believes the records misrepresent his character and service record; therefore, he requests they be removed from his OMPF.

3.  The applicant provides:

* 5-page ADRB - Case Report and Directive
* DD Form 214





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 June 1992.  He subsequently served in various positions stateside as well as in Haiti, Saudi Arabia, Kuwait, and Iraq.  He attained the rank/grade of sergeant first class (SFC)/E-7.

2.  On 11 May 2006, charges were preferred against the applicant for:
   
   a.  wrongfully having sexual intercourse with Sergeant (SGT) JR, a woman not his wife, between 1 October 2004 and 1 October 2005, at or near Fort Bliss, TX and/or near Osan Air Force Base, Republic of Korea; and 

   b.  while at Fort Bliss, TX, on divers occasions between 15 July and             28 December 2005, wrongfully endeavor to impede an investigation into his relationship with SGT JR, by attempting to influence SGT JR's statements to falsely deny her inappropriate actions with him.

3.  On 4 August 2006, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial and he received an under other than honorable conditions character of service.  The DD Form 214 he was issued at the time shows he completed a total of 14 years, 1 month, and 5 days of creditable active service with no lost time.  

4.  After a personal appearance before the ADRB, on 10 April 2008, the ADRB determined the applicant's discharge was inequitable.  While the board did not condone the applicant's misconduct, it determined the overall length and quality of the applicant's service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions and a change to the narrative reason for separation to Secretarial Authority.  In addition, it was noted the action entailed a change of the applicant's reentry (RE) code to "3," and restoration of his rank/grade to SFC/E-7.

5.  A copy of the voided DD Form 214 along with 20 associated documents pertaining to his request for discharge in lieu of trial by court-martial currently reside in the performance section of his OMPF.

6.  The applicant provides a copy of ADRB Case Number AR20070017571, dated 10 April 2008, and a copy of his DD Form 214 for the period ending           4 August 2008, which shows he was discharged under honorable conditions (General).  The narrative reason for separation states "Secretarial Authority" and the RE code is "3."

7.  On 26 November 2008, the applicant enlisted in the Regular Army in the rank/grade of staff sergeant/E-6.

8.  On 30 November 2011, the applicant was honorably discharged to accept a commission or warrant in the Army.

9.  On 1 December 2011, the applicant was appointed as a Reserve Warrant Officer of the Army and he was subsequently promoted to the rank of chief warrant officer two on 27 March 2014.

10.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 governs the composition of the OMPF and states the OMPF is used for filing performance, commendatory, and disciplinary data.  Once placed in the OMPF, the document(s) becomes a permanent part of that file.  The document(s) will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.  Table B-1 (Authorized Documents) of this regulation shows that case files for approved separations will be filed in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to remove the voided DD Form 214, dated 4 August 2006, and the documents contained in the Case Files for Approved Separations located in the performance section of his OMPF has been carefully examined.

2.  The evidence of records confirms that on 4 August 2006 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial and he received an under other than honorable conditions character of service.  

3.  Subsequently, on 10 April 2008, after a personal appearance before the ADRB, it was determined the applicant's discharge was inequitable.  Accordingly, the board voted to grant partial relief in the form of an upgrade of the characterization of his service to under honorable conditions (general) and a change of the narrative reason for separation to Secretarial Authority.  In addition, it was noted the action entailed a change of his RE code to "3" and restoration of his rank/grade to SFC/E-7.  

4.  The applicant's original DD Form 214 was voided and a new DD Form 214 with a narrative reason for separation of Secretarial Authority was created.  Both DD Forms 214 and the documents contained in the Case Files for Approved Separations are properly filed in his OMPF.

5.  With respect to the removal of the voided DD Form 214 and the documents contained in the Case Files for Approved Separations located in the performance section of his OMPF, the Army has an interest in maintaining the integrity of its records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  

6.  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.

ABCMR Record of Proceedings (cont)                                         AR20140017671



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ABCMR Record of Proceedings (cont)                                         AR20140017671



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