IN THE CASE OF:  	  

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20150008982 


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 from his official military personnel file (OMPF) of all the documentation related to his tattoos to include the duplicate documentation.

2. The applicant states:

	a.  It is his contention that since the update of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) it is no longer relevant in accordance with the provisions of the Privacy Act of 1974 for the Government to maintain these records.  The blanket Army policy which states that tattoo memoranda will remain filed in personnel records until separation violates the privacy act. 

	b.  None of his tattoos that are documented are in any current unauthorized places and are not extremist or vulgar in nature.  They are in full compliance with Army regulations.  It is not relevant to maintain this information in his record.  For individuals who failed to comply with the Army directive to document tattoos in the allotted time, there exists no such record.  Therefore, a double standard exists in favor of those who did not comply with the directive.  While it is asserted that these files will not be visible to promotion or selection boards, there is no conceivable justification for continuing to maintain these records unless they have some sort of value as a potential discriminator in some form or fashion. 

3.  The applicant provides a tattoo memorandum with attached photographs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an active duty Regular Army officer serving in the rank/grade of captain/O-3.  He was assigned to B Company, 5th Military Information Support Battalion (MISB), Fort Bragg, NC.

2.  He provides and his record contains a signed memorandum from him, dated 30 April 2014, to the Commander, B Company, 5th MISB, wherein he stated, in part, that he self-identified having three tattoos located on his upper arm and both forearms, and he described each tattoo.  He also stated that he understood he was prohibited from obtaining any new tattoos that were prohibited under the provisions of Army Regulation 670-1 and that he understood this memorandum would be posted in his military record.  Enclosed with the memorandum were two photographs: one photograph depicted two tattoos on his right arm and a second photograph depicted one tattoo on his left arm.  

3.  This tattoo memorandum with the two photographs is filed in the administrative folder of his OMPF.  Also filed in the administrative folder of his OMPF is a:

* duplicate of the memorandum with one photograph depicting two tattoos on his right arm
* duplicate of the second photograph depicting one tattoo on his left arm

4.  Army Regulation 670-1, dated 10 April 2015, paragraph 3-3, updated the Army policy on tattoos.  It states, in part:

	a.  Extremist, indecent, sexist, and racist tattoos are still prohibited anywhere on a Soldier's body.  Tattoos, regardless of the subject matter, are prohibited on the head, face, neck (above the t-shirt neckline), wrists, and hands. Commanders will perform an annual check for new tattoos above the neckline, wrist, and hands, and a simultaneous check for extremist and other prohibited tattoos and the Soldier will be dealt with in accordance with this regulation.

	b.  Accession recruiting battalion commanders (O-5 and above) will make initial entry determinations for new accessions that tattoos comply with the policy for active Army and U.S. Army Reserve Soldiers.  Determinations are required when it is reported that a tattoo may be prohibited.  Exceptions to policy (ETP) for accessing applicants not meeting the tattoo criteria must be approved by the Director of Military Personnel Management (DMPM), Deputy Chief of Staff, G-1.  Such exceptions must be documented and uploaded into the Soldier's Army Military Human Resource Record (AMHRR) upon accession into the Army.
5.  Army Regulation 600-8-104 (AMHRR Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table B-1 (Authorized documents), updated on 4 May 2015, shows that the tattoo memorandum with photographs is no longer filed as a stand-alone document in a Soldier's OMPF.  The only tattoo memorandum with photographs that will be filed in the administrative folder of the OMPF is one with an ETP memorandum from the DMPM.

6.  The Privacy Act of 1974 was passed by Congress and became effective 31 December 1974.  This act amended Title 5, U.S. Code, by adding a section to safeguard individual privacy from the misuse of Federal records, to provide that individuals be granted access to records concerning them which are maintained by Federal agencies, and to establish a Privacy Protection Study Commission.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that the applicant's OMPF contains a tattoo memorandum with photographs along with duplicate copies of the memorandum and/or photographs.  As of May 2015, tattoo memorandums with photographs are no longer authorized for filing in a Soldier's OMPF unless they are accompanied by an ETP memorandum from the DMPM.  Therefore, it would be appropriate to remove the tattoo memorandum, dated 30 April 2014, and the duplicate copies from the administrative folder of the applicant's 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 tattoo memorandum with two photographs, dated 30 April 2014, from his OMPF
* removing the duplicate tattoo memorandum with one photograph from his OMPF
* removing the duplicate photograph from his OMPF
* ensuring the copies of the tattoo memorandum with two photographs he submitted with his application are not filed in 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)                                         AR20150008982





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ABCMR Record of Proceedings (cont)                                         AR20150008982



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