MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:    

		BOARD DATE:          7 October 2003                   
		DOCKET NUMBER:  AR2003085621

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Robert L. Duecaster		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his bachelor of science diploma and transcript of academic record be removed from his Official Military Personnel File (OMPF).

APPLICANT STATES:  Although Summit University is accredited by the American Theological Association, it is not accredited by the Army.  

In support of his request he submits a statement from another staff sergeant.  This sergeant explains that the applicant was told by the Total Army Personnel Command (PERSCOM) that he should send his transcript of academic record for inclusion in his OMPF.  The applicant then sent the transcript of academic record to PERSCOM and it was placed in his OMPF.  

Subsequently, the applicant discovered that the university which bestowed the degree was not accredited by the Army, and he attempted to have the transcript of academic record removed from his OMPF.  However, PERSCOM would not remove the transcript of academic record from his OMPF.

Also submitted by the applicant is his bachelor of science diploma and transcript of academic record.  His diploma show that he was conferred a bachelor of science degree on 30 June 2001.  His transcript of academic record shows that all of the credits which were applied towards his diploma were based on his military schooling, with the exception of three credits which were transferred from the University of Alaska, and thirty credits for a bachelor thesis.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 14 August 1989, was awarded the military occupational specialty of personnel service specialist, and was promoted to pay grade E-5 on 1 June 1996.

On 30 April 2001, the applicant was honorably released from active duty and transferred to the US Army Reserve Control Group (Reinforcement) due to the completion of his required active service.

The applicant indicates in his request to the Board that he is currently serving on active duty in the Active Guard and Reserve (AGR) program in pay grade E-6.

While the applicant’s AGR file was not provided to the Board, the personnel data base indicates that the applicant was promoted to pay grade E-6 on 1 October 2002.

Army Regulation 600-8-104, paragraph 1-16, states that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.  Once recorded, it will not be removed except as provided by law or this regulation. 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant, a personnel service specialist with thirteen years of service, submitted his bachelor of science diploma and transcript of academic record for inclusion in his OMPF.

2.  Since the diploma is dated prior to the applicant’s promotion to pay grade E-6, it is possible that he was improperly awarded promotion points for a bachelor degree.  To remove the diploma and transcript of academic record from his records would eliminate the ability of any agency or command from ascertaining whether he was properly promoted.

3.  Applicable Army regulations stipulate that records which are entered in a soldier’s OMPF will not be removed.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

5.  In the absence of a showing of material error or injustice, those records should not be changed.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___slp___  ___rld___  ____fne__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003085621	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031007	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.