IN THE CASE OF:
BOARD DATE: 4 February 2015
DOCKET NUMBER: AR20150000831
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 correction of his military records by removing a DA Form 4037 (Officer Record Brief (ORB)) from his Official Military Personnel File (OMPF).
2. The applicant states there is an ORB in his OMPF that doesn't belong because it has hand written notes on it and coffee stains. He believes an ORB with hand writing and coffee stains on it has no place in an OMPF. His S1 (Personnel Officer) in late 2013 was unprofessional in letting this happen. He has tried for about a year to resolve this matter through his battalion S1, brigade S1, and the U.S. Army Human Resources Command (HRC) without satisfactory results. HRC emailed him back telling him to pursue his request through this Board. Furthermore, he believes the ORB was uploaded by accident and needs to be deleted. He will be considered for promotion in March and does not want this to keep him from getting promoted.
3. The applicant provides copies of:
* DA Form 4037 dated 17 November 2013
* Computer screen view showing a list of his official records
CONSIDERATION OF EVIDENCE:
1. Records show the applicant was appointed a second lieutenant with concurrent active duty in the Regular Army on 16 February 2012. He was promoted to 1LT on 16 August 2013.
2. A DA Form 4037 dated 17 November 2013, as provided by the applicant and currently contained in his OMPF, shows two hand written remarks concerning his unit of assignment and military education. There is a handwritten circle in a blank box concerning his overseas, deployment, and combat duty assignments. All entries are legible.
3. Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)) provides the following:
a. All personnel information recorded under the authority of this regulation is the property of the United States Government. 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 a folder or moved to another part of the OMPF unless directed by one or more of the following:
* The Army Board for Correction of Military Records (ABCMR)
* The Department of the Army Suitability Evaluation Board (DASEB)
* Chief, Appeals and Corrections Branch, HRC
* The AMHRR 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
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his military records by removing an ORB from his OMPF because it has hand written notes on it and is stained.
2. A review of the subject document clearly shows that it contains handwritten information and was stained. However, all entries are legible and the stain does not cause of lost of information. There is no evidence showing that the filing of this document was an accident, as contended by the applicant.
3. It is generally understood that the ORB is a management tool that is periodically updated and placed in the Soldier's OMPF. Because the subject ORB is more than a year old, it is very probable that an updated copy of the ORB will be produced for any board that needs to review the applicant's records.
4. Furthermore, the applicant has not identified any errors or discrepancies on the subject ORB that would cause him harm should this document be used for any board action.
5. In view of the above, the applicant's request should be denied.
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) AR20150000831
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