ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 December 2021 DOCKET NUMBER: AR20210006753 APPLICANT REQUESTS: removal of court documents labeled "CDCC [Documents from Court Agencies Concerning Waiverable [sic] Offenses]" from his Army Military Human Resource Record (AMHRR) in the interactive Personnel Electronic Records Management System (iPERMS). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Spouse's Character-Reference Statement, 12 December 2017 * Letter to the U.S. Army Human Resources Command Officer Candidate School (OCS) Accessions Branch, 1 April 2020, with 10 court documents FACTS: 1. The applicant states the CDCC documents (36 pages) were uploaded to his electronic Official Military Personnel File (OMPF) on 25 April 2018. The court documents were presented to a recruiter in an effort to fully disclose expunged items prior to reenlisting and were not required for a suitability waiver to reenlist in 2018 or required for filing in his OMPF. The documents were expunged by the State of Maryland prior to his 2018 reenlistment and no convictions were entered. The presence of these documents damages his ability to advance his career in leadership positions best suited for him and the organization. 2. He provided a letter from his spouse, 12 December 2017, who attests to the incident between them in 2016. She states, in effect, the incident was a verbal argument that got out of hand and neighbors called the police due to the loudness of the argument. In 2017, each of them dropped the charges against the other. They have now reconciled and she took ownership for the wrongdoing, which wrongfully appears in his record. 3. Following prior enlisted service in the Army National Guard (January 2008 through January 2015) and a break in service, he enlisted in the Regular Army on 25 April 2018 in the rank/grade of specialist/E-4. 4. He provided a self-authored letter to the U.S. Army Human Resources Command OCS Accessions Branch, 1 April 2020, explaining the disposition of the court documents (10 pages of court documents attached) with his OCS packet and civil moral waiver. 5. On 26 August 2021, the Army Review Boards Agency requested copies of any redacted U.S. Army Criminal Investigation Command (CID) records or Military Police Reports pertaining to the applicant. On 31 August 2021, the Director, U.S. Army Crime Records Center, noted a search of the Army criminal file indexes revealed no records pertaining to the applicant. 6. He is currently serving at Fort Hood, TX, in the rank/grade of staff sergeant/E-6. 7. His OMPF contains two attachments labeled "CDCC" located in his service folder. One attachment contains 33 pages of court documents/statements showing his incident from 2017 and another incident from 2011 that were granted expungement from his civilian records by a State Circuit Court. The second attachment contains three documents that depict a review of a State Criminal Records Department database, 26 January 2018, that notes no records were located for the applicant. (Note: It is presumed his Regular Army recruiter initiated this review.) BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board noted that the CDCC documents in the applicant's OMPF are documents that have been expunged from his civilian record. The Board found the expungement a sufficient basis to conclude that the documents should not be retained in his OMPF, as they are only there as a result of the applicant's desire to be fully transparent with a recruiter. Based on a preponderance of evidence, the Board determined that any documents filed in his OMPF with the label "CDCC" should be deleted. 3. The Board also noted that ABCMR Records of Proceedings are normally filed in an applicant's OMPF. Because of the nature of this case, the Board determined this Record of Proceedings should be maintained only in the Army Review Boards Agency system of record and not be filed in the applicant's OMPF. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 his OMPF any documents filed with the label "CDCC." 2. The Board further determined that this Record of Proceedings should only be maintained in the Army Review Boards Agency system of record and should not be filed in the applicant's OMPF 2/25/2022 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR). The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-37 (Unfavorable Information) provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. The AMHRR includes, but is not limited to, the OMPF, finance-related documents, and non-service related documents deemed necessary to store by the Army. a. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. b. Appendix B (Documents Required for Filing in the AMHRR and/or iPERMS) contains the list of all documents approved by the Department of the Army and required for filing in the AMHRR and/or iPERMS. Documents from court agencies concerning waivable offenses labeled "CDCC" will be filed only with an accessions contract in the service folder. //NOTHING FOLLOWS//