IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150008573
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 a Colton University transcript from his military records.
2. The applicant states he was unaware that the Army did not recognize Colton University as an accredited institution. Now that he knows this, he would like the transcript removed from his records.
3. The applicant provides a copy of the Colton University transcript with an issuance date of 23 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 June 2002.
2. He was promoted to the rank/grade of sergeant first class/E-7 effective 1 April 2010.
3. On 1 December 2011, he was appointed as a warrant officer one and continues to serve in the Regular Army, currently in the rank of chief warrant officer two.
4. A review of the applicant's military records reveals he submitted two transcripts for filing in his OMPF. The performance folder of his OMPF contains the following transcripts:
* Colton University, Associate Degree in Business Administration, effective 23 August 2007
* Savannah State University, Bachelor of Science degree in Military Science, effective 1 June 2013
5. Colton University is not listed as an accredited university in the Department of Education Database of Accredited Postsecondary Institutions and Programs found online at http://ope.ed.gov/accreditation while Savannah State University is listed as an accredited university.
6. A review of his official records failed to show any evidence the applicant submitted a request for removal of the transcript from his official records through his chain of command.
7. On 15 April 2010, Military Personnel (MILPER) Message Number 10-109 announced the procedures for removal of fraudulent diplomas or transcripts from a Soldier's OMPF. It provided that Soldiers were required to submit their requests for transcript removal through their chains of command to the appropriate authority, which in this case is the U.S. Army Human Resources Command.
8. Army Regulation 600-8-104 (Army Military Human Resource Records Management) governs composition of the OMPF. It states that all enlisted Soldiers' transcripts of credit from civilian colleges, universities, trade schools, or business schools are filed in the performance folder of the OMPF. For officers, only the transcripts that award a degree are filed. Transcripts must be from an accredited college or university as verified by the Department of Education to be filed in the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.
DISCUSSION AND CONCLUSIONS:
1. Colton University is not an accredited university according to the Department of Education. The applicant submitted his transcript from this institution and it was included in his OMPF in August 2007.
2. Subsequent to inclusion of this academic transcript in his OMPF, he was selected for promotion to sergeant first class having this transcript available for review by promotion boards.
3. There is no evidence indicating he attempted to have the transcript removed in accordance with the procedures outlined in MILPER Message 10-109.
4. Notwithstanding regulatory guidance that provides only for filing of accredited transcripts in the OMPF, for historical purposes, the Army has an interest in maintaining the accuracy 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. Based on the fact that this academic transcript was filed in his OMPF when his records were reviewed for promotion and he was subsequently selected for promotion, there is an insufficiently compelling reason for compromising the integrity of the Army's records by removing it from his records now.
5. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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.
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