IN THE CASE OF: BOARD DATE: 23 July 2013 DOCKET NUMBER: AR20130010964 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 six pages of documents from his Army Military Human Resource Record (AMHRR) that pertain to another Soldier. 2. The applicant states when he reviewed his AMHRR through the Interactive Personnel Electronic Records Management System (iPERMS) he observed that 6 erroneous documents were filed under the "Service" and "Administrative" section of his account and labeled as "Case Files for Approved Separations." The documents are not entirely his, nor is all of the identifying information his. He would like these documents removed from his AMHRR. 3. The applicant provides an iPERMS screen printout and 13 documents. 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. Having had prior Reserve enlisted service in the Illinois Army National Guard (ILARNG), the applicant was appointed as a Reserve second lieutenant and he executed an oath of office on 9 August 2009. He was promoted to the rank of captain in the Regular Army on 1 April 2013. He is currently assigned to the 774th Explosive Ordnance Disposal Company, Fort Riley, KS. His last name is Bxxxr and the last first two digits of his social security number (SSN) are 27. 3. The applicant provides an iPERMS printout, dated 3 June 2013, wherein it shows that on 9 August 2009 13 documents were added to the Service Section of his AMHRR under the title Case Files for Approved Separations. 4. A review of these 13 documents confirm that the first seven documents pertain to the applicant and the last six documents pertain to another Soldier with the last name of Bxxxxxy and the first two digits of that Soldier’s SSN are 34. That Soldier had also been a member of the ILARNG in August 2009. A review of that Soldier's AMHRR confirms the six documents in question are properly filed in his records. 5. The erroneously filed documents pertaining to the Soldier named Bxxxxxy include: * a printout titled Enlisted Card * Orders 243-290, dated 31 August 2009 * a memorandum, dated 27 October 2008, subject: Medically Unfit for Military Service Appeal Rights * a page, dated 27 October 2008, titled Acknowledgement of Notification * a DA Form 3349 (Physical Profile), dated 14 October 2008 * a National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement), dated 28 October 2008 6. Army Regulation 600-8-104 (AMHRR Management) provides policies, operating tasks, and steps governing the AMHRR. The naming convention AMHRR replaces the Official Military Personnel File. Folders and documents previously authorized for filing in any part of the AMHRR will remain in the AMHRR. Once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board. DISCUSSION AND CONCLUSIONS: The evidence of record confirms six documents belonging to a Soldier named Bxxxxxy are improperly filed in the applicant's AMHRR. Therefore, the applicant is entitled to correction of his records by removing the erroneous documents. BOARD VOTE: ___X____ __X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. removing from the applicant's AMHRR the following documents belonging to the Soldier with the last name of Bxxxxxy: * a printout titled Enlisted Card * Orders 243-290 * a memorandum subject: Medically Unfit for Military Service Appeal Rights * a page titled Acknowledgement of Notification * a DA Form 3349 * an NGB Form 23B b. ensuring the copies of the above six documents the applicant submitted with his application are not filed in his AMHRR. __________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) AR20130010964 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1