BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160012127 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: 24 August 2017 DOCKET NUMBER: AR20160012127 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 tattoo memorandum for record and tattoo photographs from the administrative folder of 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160012127 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 a tattoo memorandum and photographs from his official military personnel file (OMPF). 2. The applicant states he contacted the interactive Personnel Electronic Records Management System (iPERMS) customer service department in regards to the removal of his tattoo memorandum when the policy changed during the 2013-2014 time-period. Now that the policy has changed back to the original one, he is requesting the removal of his memorandum, including the pictures of his tattoos, from his record, as it is no longer valid or required. When the policy changed, all service members were required to submit a commander-approved memorandum for record, along with pictures. 3. The applicant provides: * a memorandum for commander, issued by Headquarters and Headquarters Battery (HHB), 5th Battalion, 5th Air Defense Artillery, 31st Air Defense Artillery Brigade, Joint Base Lewis-McChord (JBLM), WA, subject: Self Identification of Existing Tattoos for [Applicant], dated 6 May 2014; and * 17 pictures of his 15 tattoos CONSIDERATION OF EVIDENCE: 1. The applicant is a Regular Army officer serving in the rank of captain. He is assigned to A Company, 3rd Battalion, 2nd Air Defense Artillery (ADA) Battalion, Fort Sill, OK. 2. The administrative folder of his OMPF contains a signed memorandum, dated 6 May 2014, to the Commander, HHB, 5th Battalion, 5th ADA, JBLM, WA, wherein he self-identified having nine tattoos located below the elbow on both his arms, three tattoos below both his knees, two above both his elbows, one above his left knee, and he described each tattoo. He states he understood he was prohibited from obtaining any new tattoos that were prohibited under the provisions of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), paragraph 3-3, and that he understood this memorandum would be posted in his Army Military Human Resource Record (AMHRR). Enclosed with the memorandum were 17 photographs depicting his tattoos. REFERENCES: 1. Army Regulation 600-8-104 (AMHRR) Management) prescribes policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. a. The OMPF is the historical and authoritative source for authentication of veteran or service related benefits, entitlements, and services and is archived in the iPERMS. b. The OMPF contains two folder structures: OMPF and Non-OMPF. The OMPF folder structure is described in table 3-1 and it contains the performance, service, restricted, flight, medical, and state/territory folders. The Non-OMPF folder structure is described in table 4-1 and it contains the DA photograph, finance records, deployment, personnel records review, and administrative folders. c. These folders are defined as permanent and non-permanent (specific period of time). d. Only documents pertaining to a Soldier's military career per appendices B and C will be filed in the OMPF. Once properly filed in the OMPF, the document will not be removed from the record unless directed by an appropriate authority or upon end of retention period for non-permanent documents in table 4-1. 2. Department of the Army Pamphlet 600-8-104 (AMHRR) provides operational procedures and guidelines for implementing the military human resource records policy within the Army contained in Army Regulation 600-8-104. a. AMHRR documents maintained in iPERMS are filed as part of the permanent record in the OMPF or are maintained as non-OMPF documents used to preserve valid information of a Soldier for a specific period of time. b. The OMPF is defined as permanent documentation within iPERMS that documents facts related to a Soldier during the course of his/her entire Army career, from time of accession into the Army until final separation, discharge, retirement or deceased while in service. (1) 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. (2) The OMPF remains in iPERMS under Army control for 62 years from a Soldier’s final separation date. At the end of 62 years, the OMPF is transferred to the control of the National Archives and Records Administration (NARA) as a public record. c. Non-OMPF folders (additional folders) within the AMHRR are contained in iPERMS to assist the Army in preserving valid information on a Soldier for a specific period of service. Upon expiration, documents contained in these folders will be purged and a destruction certificate is generated by iPERMS. This is normally done at the separation or retirement of the Soldier. d. Appendix B (Authorized documents), updated 21 April 2017, shows that the tattoo memorandum with photographs are placed in the administrative folder of the OMPF with additional filing instructions of exception to policy (ETP) memorandums must be from the Director of Military Personnel Management (DMPM). 3. Army Regulation 600-8-104 (AMHRR Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table B-1 (Authorized documents), updated 4 May 2015, shows the tattoo memorandum with photographs is no longer filed as a stand-alone document in a Soldier's OMPF. The only tattoo memorandum with photographs that will be filed in the administrative folder of the OMPF is one with an ETP memorandum from the DMPM. 4. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), dated 10 April 2015, paragraph 3-3, updated the Army policy on tattoos. It states, in part: a. Extremist, indecent, sexist, and racist tattoos are still prohibited anywhere on a Soldier's body. Tattoos, regardless of the subject matter, are prohibited on the head, face, neck (above the t-shirt neckline), wrists, and hands. Commanders will perform an annual check for new tattoos above the neckline, wrist, and hands, and a simultaneous check for extremist and other prohibited tattoos and the Soldier will be dealt with in accordance with this regulation. b. Accession recruiting battalion commanders (lieutenant colonel/O-5 and above) will make initial entry determinations for new accessions that tattoos comply with the policy for active Army and U.S. Army Reserve Soldiers. Determinations are required when it is reported that a tattoo may be prohibited. The Director of Military Personnel Management (DMPM), Deputy Chief of Staff, G-1, must approve exceptions to policy for accessing applicants not meeting the tattoo criteria. Such exceptions must be documented and uploaded into the Soldier's Army Military Human Resource Record upon accession into the Army. DISCUSSION: 1. The applicant contends that the Board should remove his tattoo memorandum and the photographs of his tattoos from his OMPF because the Army changed the tattoo policy and no longer requires the filing of these items in the OMPF. 2. The evidence of record confirms the applicant's OMPF contains a tattoo memorandum with photographs, which were properly filed in his record, in accordance with Army Regulation 600-8-104, in effect at the time. 3. However, as of May 2015, tattoo memoranda with photographs are no longer authorized for filing in a Soldier's OMPF, unless an ETP memorandum from the DMPM accompanies the documentation. It does not appear that any of the applicant’s tattoos were inappropriate or located in an unauthorized location, which would require an ETP. 4. The tattoo memorandum and photographs contained in the applicant’s OMPF are not accompanied by an ETP memorandum from the DMPM, and thus should not be filed in his OMPF pursuant to the new regulatory guidance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012127 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012127 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2