MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 March 2002           
	DOCKET NUMBER:   AR2001063807

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the statements in items 18a (Arrests) and 18b (List details of “Yes” answers) on his DD Form 398-2 (National Agency Questionnaire) be removed from his Official Military Personnel File (OMPF).

APPLICANT STATES:  That these statements contain information that do not represent him or his character.  In support of his application, he submits a supplemental letter and a copy of his DD Form 398-2.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant is currently serving on active duty in the rank of sergeant.

He enlisted in the Regular Army on 1 February 1996 for a period of four years at the Military Entrance Processing Station (MEPS) located in Brooklyn, New York.  

Prior to his enlistment, the applicant completed a National Agency Questionnaire (DD Form 398-2).  In item 18a of this form, he initialed the “Yes” block and indicated in item 18b that he had been arrested in July 1986 for resisting arrest.  He further indicated in item 18b that the offense had taken place in Rye, New York and that he had admitted to the offense.

The applicant signed the form on 11 October 1995 certifying that the entries made by him were true, complete, and accurate to the best of his knowledge and belief and were made in good faith.  He acknowledged that he understood that a knowing and willful false statement on this form could be punished by fine or imprisonment or both.

Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by: the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that the statements on his National Agency Questionnaire (DD Form 398-2) contain information that do not accurately represent him or his character.  However, the applicant’s own signature attested that the statements in items 18a and 18b were true and accurate.  

2.  There is no evidence that the National Agency Questionnaire (DD Form 398-2) was improperly filed in his Official Military Personnel File.

3.  Based on the foregoing, there is no basis for removal of the statements in items 18a and 18b of the applicant’s National Agency Questionnaire (DD Form 398-2) in his Official Military Personnel File.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP______  REB_____  DSJ_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063807	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.