IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20150004663
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 the removal of an incorrect NGB Form
594-1 (Simultaneous Membership Program (SMP) Agreement) from his official records.
2. The applicant states, in effect, that the four-page SMP Agreement with an unknown effective date is incorrect and should be removed from his official records. The correct SMP Agreement, dated 3 February 2004, has been posted to his records and the incorrect agreement should be removed because it is undated and contains his rank and Social Security Number (SSN) where the unit commanders rank and SSN should be entered.
3. The applicant provides copies of the correct and incorrect SMP Agreements.
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. The applicant was serving in the pay grade of E-4 in the Oklahoma Army National Guard (OKARNG) when he entered the SMP.
3. A review of his Official Military Personnel File (OMPF) shows two NGB Forms 594-1 filed in his OMPF. The four-page NGB Form 594-1 filed in his OMPF that is undated shows the commanders name and the applicants rank and SSN where the commanders rank and SSN are required. The three-page NGB Form 594-1 with an effective date of 3 February 2004 appears to be correct with the appropriate signatures and dates affixed to it.
4. The applicant was honorably discharged from the OKARNG on 12 May 2005 and was transferred to the United States Army Reserve (USAR). The applicant was appointed as a USAR second lieutenant on 16 December 2005.
5. The applicant is currently serving on active duty as a regular Army infantry captain.
6. Army Regulation 600-8-104 (Army Military Human Resources Records Management (AMHRR)) prescribes the Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR to include the interactive Personnel Electronic Records Management System (iPERMS). Initiating AMHRR documents includes the Oath of Enlistment, contract, and allied documents to include documents pertaining to the Reserve Officer Training Corps (ROTC) cadets. Once properly filed in the AMHRR, the document will not be removed from the record unless directed by the Army Review Boards Agency and one of its boards such as the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the four-page SMP Contract with an unknown effective date is an incorrect contract that should be removed from his OMPF has been noted appears to have merit.
2. A review of the contract shows that at the time it was prepared the applicants rank and SSN were placed in the blocks where the commanders rank and signature were required thus making the contract invalid.
3. The applicants records contain a completed SMP contract dated 3 February 2004 which appear to be correctly prepared.
4. Accordingly, the contract in question serves no purpose because it is invalid and serves only to provide confusion to those who view it without an explanation. Accordingly, it should be removed from his 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 the four-page SMP Contract with an unknown effective date (see page 4 of the contract) from his OMPF.
_______ _ _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) AR20150004663
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