IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20160008427 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 IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20160008427 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 the DA Forms 268 and 5500-R, effective 15 September 2004, from his official military personnel file. __________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. IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20160008427 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 the removal of the following documents from his official military personnel file (OMPF)): a. DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 15 September 2004; and b. DA Form 5500-R (Body Fat Content Worksheet), undated. 2. The applicant states the DA Form 268 should have been removed on or around 14 December 2004. The DA Form 5500 should never have been uploaded. 3. The applicant provides correspondence from the U.S. Army Human Resources Command (HRC), dated 3 May 2016. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Army National Guard (ARNG) on 30 March 2000. Following the completion of his initial entry training, he was awarded military occupational specialty 11B (Infantryman). 3. The administrative folder of the applicant's OMPF, contained within the interactive Personnel Electronic Records Management System (iPERMS), contains the subject DA Forms 268 and 5500-R. a. The DA Form 268, initiated for the applicant's failure to maintain the Army's body fat standards, is dated 15 September 2004 and was input into iPERMS on 7 May 2005. This form resides in the administrative folder of the applicant's OMPF. b. The DA Form 5500-R documents the applicant's body fat measurements that resulted in the initiation of the subject DA Form 268. This form is not dated; however, according to iPERMS, it was effective 15 September 2004 and was input into iPERMS on 7 May 2005. This form resides in the administrative folder of the applicant's OMPF. 4. The applicant was honorably separated from the ARNG on 29 March 2006 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He enlisted in the USAR on 21 February 2008, where he continues to serve in the rank/grade of sergeant first class/E-7. 5. The applicant provides correspondence from HRC that states: a. The only documents HRC is authorized to remove are exact duplicates; those that have been misfiled; unauthorized documents; or those directed for removal by the Army Review Boards Agency. b. Once properly filed in the Army Military Human Resource Record, the document will not be removed from the record unless directed by one of the following: Boards of the Army Review Boards Agency such as the Army Board for Correction of Military Records, Army Discharge Review Board, Department of the Army Suitability Evaluation Board, Army Special Review Board, and the Department of Defense Physical Disability Review Board. REFERENCES: 1. Army Regulation 600-8-2 (Personnel – General – Suspension of Favorable Personnel Actions (Flag)), paragraph 1-9, specifies that a flag will be removed within 3 working days after the Soldier's status changes from unfavorable to favorable. Paragraph 2-1(2)c specifies that the flag is not the final disposition. A flag is emplaced during some type of disciplinary or administrative action until that action is concluded. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policy and procedures for the filing of documents in the OMPF. The "Temporary Admin" folder is used for administrative documents not authorized for filing in the OMPF. 3. The Army Soldier Records Branch (ASRB) sustains the Soldier records management program utilizing iPERMS. As provided on the HRC website, the ASRB details the filing instructions of military documents that are filed on the OMPF. Their guidance provides, in pertinent part, that: a. The DA Form 268 is to be filed in the "Temporary Admin" folder. It remains in the Soldier's record for 90 days from the create date in iPERMS. b. The DA Form 5500-R is filed in the "Temporary Admin" folder for ARNG Soldiers only. DISCUSSION: ASRB guidance provides that the DA Form 268 is to be maintained in the "Temporary Admin" folder for 90 days from the creation date. It does not require the filing of the DA Form 5500-R for USAR Soldiers. The applicant's OMPF record shows these document were effective 15 September 2004 and input on 7 May 2005. According to ASRB guidance, both documents should not be filed in the applicant's OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008427 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008427 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2