IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20150002155
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 records by removing Army Board for Correction of Military Records (ABCMR) Docket Number AR20090001439 from the restricted portion of his Official Military Personnel File (OMPF).
2. The applicant states:
a. Army Regulation 600-37 (Unfavorable Information) allows such removals when the document is unjust. The record of proceedings discusses negative actions on his part prior to joining the military while attending college. These actions have no relation with his current service of 8 years, but have the potential to impact promotions/separation boards in the future.
b. The Board's decision has served its purpose and the debt has already been settled.
3. The applicant provides a copy of ABCMR Docket Number AR20090001439.
CONSIDERATION OF EVIDENCE:
1. In September 2000, the applicant entered into an Army Reserve Officers' Training Corps (ROTC) scholarship cadet contract. He was disenrolled from the ROTC Program in September 2004 for breaching his contract and he incurred a scholarship debt.
2. In 2006, he enlisted in the Regular Army for 4 years and 22 weeks. He was honorably discharged in the rank of sergeant on 15 July 2009 for the purpose of accepting a commission. He was commissioned as a second lieutenant on 16 July 2009.
3. In 2009, he submitted an application to the ABCMR requesting termination of his scholarship debt. On 24 November 2009, the ABCMR denied his request.
4. A review of his OMPF on the integrated Personnel Electronic Records Management System (iPERMS) revealed a copy of ABCMR Docket Number
AR20090001439, dated 24 November 2009, in the restricted folder of his OMPF.
5. He was promoted to captain on 1 February 2013.
6. Army Regulation 600-37 states once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.
8. Army Regulation 600-8-104, appendix B (Documents Authorized for Filing in the OMPF and/or iPERMS), and the U.S. Army Human Resources Command website provides a listing of documents authorized for filing in iPERMS. It states to file ABCMR decision memoranda/letters, records of proceedings, and applications (with continuation pages when provided) in the restricted folder of the OMPF unless otherwise directed by the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant submitted an application to the ABCMR requesting termination of his ROTC debt. His request was denied by the ABCMR on 24 November 2009 and the record of proceedings (ABCMR Docket Number AR20090001439) was filed in the restricted folder of his OMPF.
2. He contends the Board's decision has served its purpose and the debt has already been settled.
3. The governing regulation states ABCMR records of proceedings will be filed in the restricted folder of the OMPF unless directed otherwise by the ABCMR.
4. There is no evidence that the ABCMR decision was unjust. The ABCMR record of proceedings is properly filed in the restricted folder of his OMPF. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20150002155
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ABCMR Record of Proceedings (cont) AR20150002155
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