BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20170007061 BOARD VOTE: __x_______ _x______ __x______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20170007061 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 removing from the restricted and the performance folders of his Official Military Personnel File the following documents relating to an Article 15, dated 11 April 2016, given to Staff Sergeant J__ D. W__, whose social security number is xxx-xx-xxxx: * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) * Page 4 (Article 15 Punishment Worksheet) of the DA Form 2627 * DA Form 4856 (Developmental Counseling Statements) * Patient Summary Document * DA Form 2823 (Sworn Statement) * Enlisted Record Brief * DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) __________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. BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20170007061 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 another Soldier's Article 15 and allied documents from the performance and restricted folders of his official military personnel file (OMPF). 2. The applicant states there is an Article 15 with allied documents (Enlisted Record Brief, flag, and counseling statements) filed in the performance folder and the restricted folder of his OMPF. This Article 15 belongs to Staff Sergeant Je__ D. Will__, who is another Soldier with the same last name as the applicant. 3. The applicant provides contested Article 15 and allied documents. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 17 August 2010. His DD Form 4 (Enlistment/Reenlistment Document) listed his name as Do__ Will___ (NMN) Jr. and his SSN as xxx-xx-xxxx. 2. Following completion of training, he was assigned to A Company, 26th Brigade Support Battalion, Fort Stewart, GA. He reenlisted on 25 July 2013. 3. He was then reassigned to Fort Carson, CO, where he was promoted to sergeant (SGT)/E-5 on 1 September 2014. During this assignment he reenlisted twice; on 28 April 2015 and again on 8 April 2016. 4. His OMPF contains an Article 15, dated 11 April 2016, with allied documents (listed below). The Article 15 was given to Staff Sergeant Je__ D. Will__, whose social security number is xxx-xx-xxxx, and he was serving in Afghanistan at the time. This Article 15 was filed in the performance and the restricted folders of the applicant's OMPF on 19 September 2016. * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) * Page 4 (Article 15 Punishment Worksheet) of the DA Form 2627 * DA Form 4856 (Developmental Counseling Statements) * Patient Summary Document * DA Form 2823 (Sworn Statement) * Enlisted Record Brief * DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). The AMHRR is archived in the interactive Personnel Electronic Records Management System (iPERMS) which has been identified as a Records Management Application for the Army. a. The OMPF is defined as permanent documentation within the AMHRR that documents facts related to a Soldier during the course of his or her entire Army career, from time of accession into the Army until final separation, discharge, or retirement. The purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, and any other personnel actions. b. Paragraph 3-6 states only documents pertaining to a Soldier’s military career per appendices B and C will be filed in the AMHRR. No more than one copy of a document will be uploaded into the AMHRR, although a document may be viewed from different folders within iPERMS. Once properly filed in the AMHRR, the document will not be removed from the record unless directed by authorized individuals or agencies, such as the Army Board for Correction of Military Records. DISCUSSION: 1. The purpose of maintaining the OMPF is to protect the interests of both the Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority. 2. The evidence of record shows the applicant's OMPF contains an Article 15 with allied documents that belong to another Soldier. The evidence shows an administrative error occurred when these documents were entered into his OMPF. Removing the erroneous documents protects the Army's interests as well as that of the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS