IN THE CASE OF: BOARD DATE: 4 February 2014 DOCKET NUMBER: AR20130021081 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 the following documents from his Army Military Human Resource Record (AMHRR): * DA Form 4187 (Personnel Action), requesting High School Stabilization * Denial memorandum of the request for High School Stabilization * Enlisted Record Brief 2. The applicant states he worked in the Radiology Department, at Dunham Army Clinic, Carlisle Barracks, PA. He was falsely accused of accessing an employee's personnel records when he sent information on the employee (Ms. P-----ia B-----on) to the American Registry of Radiology Technologists (ARRT) for possible registry violation. The information he sent were based on a witness account. He never released any Health Insurance Portability and Accountability Act (HIPPA) information. On the issue of [failing to complete required checks while performing duties as] Officer of the Day (OAD), corrective action was administered by his supervisor. He did not create a hostile environment or counseled on it. He was relieved from the Radiology Department under false pretense. He received an annual Noncommissioned Officer Evaluation Report (NCOER) not a relief-for-cause one and that was because the allegations were false. Additionally, the Army Regulation (AR) 15-6 (Procedures for Investigating Officers and Board of Officers) that was done was not filed and could not be found. He never received official findings regarding the AR 15-6. 3. The applicant provides: * DA Form 4187, dated 21 February 2013 * Denial of Request for Stabilization, dated 19 April 2013 * ERB, dated 27 February 2013 * Relief-for-Cause memorandum * DA Form 4856 (Developmental Counseling Form) * DA Form 2166-8 (NCOER), for the rating period 25 march 2012 through 24 March 2013 CONSIDERATION OF EVIDENCE: 1. The applicant's records show he enlisted in the Regular Army (RA) on 2 November 1999 and he holds military occupational specialty 68K (Radiology Specialist). 2. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant/E-6 on 1 February 2008. He was assigned to Dunham Health Clinic, Carlisle Barracks, PA. 3. On 21 February 2013, he submitted a DA Form 4187 and requested High School Stabilization due to having a High School family member. With his application, he submitted an ERB, a letter from the school indicating his daughter would be graduating in June 2015, and a DD Form 1172 (Application for Identification Card/DEERS Enrollment). 4. On 19 April 2013, his senior commander denied his request for stabilization. The commander stated she had lost trust and confidence in his ability to lead, utilize good judgment, and protect the interest of patients, employees, the health clinic, and the U.S. Army. 5. The DA Form 4187 and its enclosures (ERB, letter from the school, and DD Form 1172) together with the denial memorandum are filed in the performance folder of his AMHRR. 6. AR 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. The AMHRR is an administrative record as well as the official permanent record of military service belonging to a Soldier. 7. Table B-1 is a compilation of all forms and documents which have been approved by Department of the Army for filing in the AMHRR and/or the interactive Personnel Electronic Records Management System. Table B-1 states for a DA Form 4187, file those forms that show final action that changes data in the AMHRR. The ERB is filed in the performance folder. The finding of unfavorable information is also filed in the performance folder of the AMHRR. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant submitted a DA Form 4187 wherein he requested a High School Stabilization which would have allowed him to remain at his permanent duty station until his daughter graduated from high school. With his request, he submitted an ERB, a DD Form 1172, and a letter from the school. His commander disapproved his request due to performance-related issues. 2. The applicant's DA Form 4187 together with the enclosures he submitted and the denial memorandum are filed in his AMHRR. For historical purposes, the Army has an interest in maintaining the integrity 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. While it is understood that the applicant desires to have these documents removed from his AMHRR there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. He provides no evidence to warrant removal of these documents from the AMHRR. 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 that 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. ABCMR Record of Proceedings (cont) AR20130021081 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130021081 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1