IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20150000569
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 from his official military personnel file (OMPF) of the following documents:
* DD Form 93 (Record of Emergency Data) dated 30 April 2009
* DD Form 93 dated 15 April 2010
* SGLV Form 8286 (E) (Servicemen's Group Life Insurance Election and Certificate) dated 30 April 2009
* SGLV Form 8286 (E) dated 15 April 2010
2. The applicant states, in effect:
a. He completed the first DD Form 93 at a point where he was still very new to the Army. In item 4a (Spouse Name) it incorrectly states "Interlocutory Decree." This entry normally refers to a court-ordered spousal support or separation agreement. In fact, he was single at the time this form was completed, and had never been married.
b. He entered his first marriage on 22 June 2014, and his marriage license shows both his single status and that this was his first marriage.
c. The incorrect DD Form 93 has been superseded by a more recent version. This is also true of the SGLV Forms 8286 contained in his OMPF. These superseded forms are both inaccurate and serve no purpose in his file and he therefore requests their removal.
d. He states that if warranted he would like to appear before the Board to plead his case.
3. The applicant provides:
* DD Form 93 dated 30 April 2009
* Oregon Health, Application, License, and Record of Marriage
* email correspondence with the interactive Personnel Electronic Records Management System (IPERMS) Support Team, U.S. Army Human Resources Command (HRC)
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Regular Army officer in the Judge Advocate General's Corps on 26 October 2008. He has served in various units in the Army, to include a deployment to Afghanistan in support of Operation Enduring Freedom from on or about 1 June 2010 to on or about 30 June 2011.
2. His records contain three DD Forms 93 and three SGLV Forms 8286. Item 4a of the DD Form 93 dated 30 April 2009 contains the entry "Interlocutory Decree." Also in his records is a marriage certificate from the State of Oregon dated 22 June 2014. The marriage certificate shows his previous marital status as single.
3. The applicant provides email correspondence he had with the IPERMS Support Team at HRC which essentially shows his request to HRC to remove the documents at issue and their citing of the regulation requiring their retention.
4. Army Regulation 600-8-104 (Army Military Human Resources Records Management) prescribes policy and procedures for the filing of documents in the OMPF. It states:
a. Only documents pertaining to a Soldier's military career per appendices B and C will be filed in the OMPF. Once properly filed, the document will not be removed from the record unless directed by Boards such as the Army Board for Correction of Military Records.
b. Both the DD Form 93 and SGLV Form 8286 are required to be filed in the OMPF.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record. It provides, in pertinent part, that applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR may grant a formal hearing whenever justice requires.
DISCUSSION AND CONCLUSIONS:
1. Although the application indicates the applicant's desire to appear before the Board, there are sufficient records available for a fair and impartial review in this case without such an appearance.
2. The applicant's request for removal of the superseded and inaccurate versions of his DD Form 93 and SGLV Forms 8286 was carefully considered; however, the evidence presented was not sufficient to warrant removal of these documents.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice in the filing of these documents, there is a reluctance to recommend that those records be removed. While it is understandable that he desires to show he had no prior marriages in his military records, this is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding his status at the time the first DD Form 93 was completed and at the time of his marriage.
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) AR20150000569
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