MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 April 2002
	DOCKET NUMBER:  AR2001066097

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Hubert O. Fry		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:  In effect, that his current Standard Form (SF) 86 (Questionnaire for National Security Positions), dated September 1996 (sic 31 May 1996), in his Official Military Personnel File (OMPF) be removed and replaced with his SF 86, dated 6 March 1999. 

APPLICANT STATES:  That he has determined that his current SF 86 contains inaccurate information relating to his history and that his SF 86 dated 6 March 1999, is true and accurate and was used in granting his top secret (TS) clearance.  In support of his application, he submits a copy of his SF 86, dated 
6 March 1999. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 19 September 1996, with prior military service.  He continues to serve and is presently assigned to Fort Richardson, Alaska.

The applicant’s OMPF currently shows his SF 86, dated 31 May 1996.

In the processing of this case, a staff advisory opinion was provided by the Chief, Personnel Actions Branch, US Army Enlisted Records and Evaluation Center.
The applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over 60 days.

The opinion stated that the applicant does not identify what data is incorrectly reflected on the SF 86 so that it can be checked and verified.  His DD Form 4 (Enlistment/Reenlistment Document), dated 19 September 1996, cannot be altered, as it must remain in its original state.  Therefore, it is recommended that his request be denied.

Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, 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 OMPF 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, DASEB, Army Appeals Board, the Chief of Appeals and Corrections Branch of the Total Army Personnel Command, or 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.  

Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that allied documents will be filed with the DD Form 4 on the Performance Fiche.  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The Board notes his contention that his current SF 86, dated 31 May 1996, contains inaccurate information relating to his history and that his SF 86, dated 6 March 1999, is true and accurate and was used in granting his top secret clearance.  The Board also notes that the applicant has not shown that any error or injustice exists on his current SF 86.  Therefore, there is no basis for removing the current SF 86, dated 31 May 1996, and replacing it with the SF 86 dated 6 March 1999, in his OMPF. 

2.  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.

3.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001066097	
SUFFIX		
RECON		
DATE BOARDED	20020430	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  267		
2.		
3.		
4.		
5.		
6.