BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160017431 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ _x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160017431 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 27 July 2017 DOCKET NUMBER: AR20160017431 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 removal of a tattoo memorandum and photographs from his official military personnel file (OMPF). 2. The applicant states he understands that current Army policy no longer restricts tattoos below the knees. A memorandum is filed in a temporary administrative folder and purportedly will never be seen by a board. Since his tattoos are in accordance with Army policy, there is no need for retention of the memorandum in his file. Additionally, if there is no intent of discrimination by retaining the memorandum, the appearance of impropriety still exists. 3. The applicant provides a copy of the subject memorandum and photographs, dated 7 May 2014. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the Regular Army in the rank of major. He is assigned to Headquarters and Headquarters Battery, 3rd Battalion, 319th Airborne Field Artillery Regiment, Fort Bragg, NC. 2. The administrative folder in his OMPF contains a memorandum for the Commander, U.S. Army Europe (USAREUR) Operations Company, Wiesbaden, Germany, dated 7 May 2014, subject: Self Identification of Existing Tattoos for (Applicant), wherein he stated: a. He self-identified having six tattoos, three on each leg below the knee, and he described each tattoo. b. He understood he was prohibited from obtaining new tattoos under the provisions of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) and he understood the memorandum would be posted in his Army Military Human Resource Record (AMHRR). Enclosed with the memorandum were two pages containing 12 photographs depicting his six tattoos. REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Records 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 interactive Personnel Electronic Records Management System (iPERMS). b. The OMPF contains two folder structures: OMPF and Non-OMPF. The OMPF folder structure is described in table 3-1 and contains the performance, service, restricted, flight, medical, and state/territory folders. The Non-OMPF folder structure is described in table 4-1 and contains the Department of the Army 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 the end of the retention period for non-permanent documents in accordance with table 4-1. 2. Department of the Army Pamphlet 600-8-104 (Army Military Human Resource Records Management) provides operational procedures and guidelines for implementing the military human resource records policy within the Army contained in Army Regulation 600-8-104. a. OMPF 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 the Soldier's entire Army career, from the 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 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 the tattoo memorandum with photographs is placed in the administrative folder of the OMPF. Additional filing instructions or exception to policy memoranda must be from the Director of Military Personnel Management. 3. Army Regulation 670-1, paragraph 3-3, describes the policy for tattoos, branding, and body mutilation. 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. b. Previously documented tattoos on the neck or hands, for which Soldiers have a tattoo validation memorandum, continue to be grandfathered. 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. c. 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. Exceptions to policy for accessing applicants not meeting the tattoo criteria must be approved by the Director of Military Personnel Management, Office of the Deputy Chief of Staff, G-1. Such exceptions must be documented and uploaded into the Soldier's AMHRR upon accession into the Army. DISCUSSION: 1. The evidence of record confirms the administrative folder in his OMPF contains a tattoo memorandum with photographs. He contends the Army changed the policy with respect to the requirement for those documents to be filed in his administrative record; therefore, they should be removed to guarantee that he does not experience any discrimination based on their existence. 2. The documents in contention were placed in his administrative folder per the governing regulation and will be purged once he is discharged or retires from service. These documents were properly filed in accordance with the applicable Army regulation in effect at the time and which still remains valid. Commanders are still required to check Soldiers with tattoos annually to ensure compliance with Army regulations. 3. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and any corrections to other parts of the OMPF. The applicable regulation states that once a document is properly filed in the OMPF, it will not be removed from the record unless directed by an appropriate authority or upon end of the retention period for non-permanent documents. 4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. There appears to be no error or injustice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017431 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017431 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2