BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150013003 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, in effect, correction of the Office of Personnel Management (OPM) Security Clearance Application contained within his official military personnel file (OMPF) to redact any mention of an arrest by civilian law enforcement officials in 2008. 2. The applicant states: a. He is trying to apply for a different military occupational specialty (MOS) within the Army; however, since his Standard Form (SF) 86 (sic, OPM Security Clearance Application) mentions a previous arrest, he was rejected and was asked to provide a waiver. He was arrested illegally in 2008 while still a civilian. He challenged the charges the next day at the courthouse and the District Attorney dismissed all the charges. The court sealed his record; according to Massachusetts law, the charges were removed from his Criminal Offender Record Information (CORI). He was the victim of a prejudiced police officer and the court confirmed that. b. When his charges were dropped, he was under the impression the charges would eventually be removed from his records and would not affect his future career. He has a clean background with no criminal records, police records, or offenses. There are no charges or records in his CORI, yet this language still exists in his military records. He would like this language removed because it is costing him his desired career and paints a negative portrait of him as if he did something wrong. He was the victim of a prejudiced police officer who arrested him illegally and charged him with bogus charges. He is sending all the documents that he has to prove his argument. He would like the suspect references removed from his record so he can further his career in the military. He hopes the provided documents are sufficient enough to justify the removal of the suspect language from his record. 3. The applicant provides: * a 2-page Criminal Docket form from the Trial Court of Massachusetts District Court Department, dated on or about 8 October 2008 * the results of a Commonwealth of Massachusetts Criminal History Systems Board inquiry, dated 23 August 2010, * his Petition to Seal, submitted to the Office of the Commissioner of Probation, Commonwealth of Massachusetts, dated 3 April 2015 * a notice from the Massachusetts Trial Court, Office of the Commissioner of Probation, Commonwealth of Massachusetts, dated 4 May 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 14 February 2011. He is currently serving in the rank/grade of sergeant/E-5. 2. The applicant's OMPF service folder contains his OPM Security Clearance Application, dated 14 February 2011, which is labeled as an SF 86 (Questionnaire for National Security Positions). a. Section 22 (Police Record) of this form shows he answered "Yes" to the question "Have you ever been arrested by any police officer, sheriff, marshal, or any other type of law enforcement officer?" b. On 1 July 2008, he was arrested by an officer of the Medford Police Department, Medford, Massachusetts, for driving without a license and disturbing the peace. c. On 2 July 2008, he was arraigned before the Somerville District Court, Somerville, Massachusetts, where it appears he was fined $195.00 and given pre-trial probation until 8 October 2008. 3. The applicant provides copies of: a. A 2-page Criminal Docket form from the Trial Court of Massachusetts District Court Department, dated on or about 8 October 2008 and filed under Docket Number XXXXCRXXXX16, which shows: (1) With respect to the charge of unlicensed operation of a motor vehicle (driving without a license), the applicant was fined $195.00 and placed on pre-trial probation until 8 October 2008, after which the charge was dismissed on 8 October 2008, on the recommendation of the Department of Probation. (2) With respect to the charge of disturbing the peace, the applicant was placed on pre-trial probation until 8 October 2008, after which the charge was dismissed on 8 October 2008, on the recommendation of the Department of Probation. b. A Commonwealth of Massachusetts Criminal History Systems Board inquiry into any CORI records pertaining to the applicant, dated 23 August 2010. The results of this inquiry show there were, at the time, no records in the Massachusetts Probation Central File Automated Database pertaining to the applicant. c. His Petition to Seal, submitted to the Office of the Commissioner of Probation, Commonwealth of Massachusetts, dated 3 April 2015, which shows he requested his court and probation records be sealed by the Commonwealth of Massachusetts. d. A notice from the Massachusetts Trial Court, Office of the Commissioner of Probation, Commonwealth of Massachusetts, dated 4 May 2015, which shows the Department of Probation granted his request and sealed any record of his charges under Docket Number XXXXCRXXXX16. 4. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. a. The OMPF is reflective of an individual Soldier's record and is stored in the interactive Personnel Electronic Records Management System (iPERMS). 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. b. Appendix B (Documents Authorized for Filing in the OMPF and/or iPERMS) is the source for documents authorized for filing in the OMPF and its subsequent folders. According to Table B-1 (Authorized Documents), the Standard Form 86 is an authorized document for placement in the OMPF service folder. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his OPM Security Clearance Application to redact any mention of an arrest by civilian law enforcement officials in 2008 was carefully considered. 2. The applicant contends he was arrested illegally in 2008 while still a civilian; he was the victim of a prejudiced police officer, which the court confirmed; he challenged the charges the next day at the courthouse and the District Attorney dismissed all the charges; the court sealed his record; and in accordance with Massachusetts law, the charges were removed from his CORI. 3. Documents provided by the applicant show he was arrested on 1 July 2008 for unlicensed operation of a motor vehicle (driving without a license) and disturbing the peace. On 2 July 2008, he was arraigned before the Somerville District Court, Somerville, Massachusetts, where it appears he was fined $195.00 and given pre-trial probation until 8 October 2008. Ultimately, the charges were dismissed on 8 October 2008, after he had successfully completed his probation period. 4. His OPM Security Clearance Application is an accurate and historical representation of the facts as they occurred, vis-à-vis his arrest on 1 July 2008 and the disposition of associated charges. 5. The applicant has not shown that the OPM Security Clearance Application contained in his OMPF is in error, is unjust, or is improperly filed. 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. ABCMR Record of Proceedings (cont) AR20130014116 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150013003 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1