IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20170006028 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 IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20170006028 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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20170006028 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): * three DA Forms 4187 (Personnel Action), dated 9 August 1995, 16 August 1995, and 22 August 1995 * Dropped from the Rolls (DFR) packet, dated 25 October 1995 2. The applicant states he was wondering about the possibility of getting these documents removed from his OMPF since they were issued over 20 years ago and he is now in his 16th year of active service, which has all been honorable without any disciplinary action. He believes these documents are disadvantaging him for promotion since they give the perception that he is a bad Soldier. Given that promotion board members have a limited time to review board files, these documents could create the perception that he was subject to UCMJ action during his current enlistment. 3. The applicant provides no additional evidence in support of his application. 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 Regular Army on 30 March 1995. Following the completion of basic training, he was assigned to Fort Leonard Wood, MO for advanced individual training (AIT). 3. The applicant's OMPF contains three DA Forms 4187, dated 9 August 1995, 16 August 1995, and 22 August 1995. * DA Form 4187, dated 9 August 1995, changed his duty status from present for duty to absent without leave (AWOL), effective 4 August 1995 * DA Form 4187, dated 16 August 1995, changed his duty status from AWOL to present for duty, effective 15 August 1995 * DA Form 4187, dated 22 August 1995, changed his duty status from present for duty to AWOL, effective 16 August 1995 4. The applicant's OMPF contains a DFR packet, dated 25 October 1995, which contains associated documents that capture his period of AWOL. These documents include DD Form 616 (Report of Return of Absentee), dated 26 October 1995; DD Form 458 (Charge Sheet), dated 17 August 1995; and other associated documents related to his AWOL period. 5. Court martial charges were preferred against the applicant on 17 August 1995 for violating Article 86 of the Uniform Code of Military Justice (UCMJ). Specifically, he was charged with being AWOL from on or about 16 August 1995 to a date to be determined. 6. The applicant was returned to military control on or about 25 October 1995. 7. The applicant's discharge packet is not available for review; however, his record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty). This form shows he was discharged on 31 January 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, in lieu of trial by court-martial. His DD Form 214 confirms he was discharged in the lowest enlisted grade and issued an under other than honorable conditions discharge. 8. The applicant was granted an enlistment waiver and enlisted in the Nebraska Army National Guard (NEARNG) on 30 July 1999. He was honorably discharged on 19 March 2001 for the purpose of enlisting in another component of the armed forces. 9. The applicant was granted an enlistment waiver and enlisted in the Regular Army on 20 March 2001. Upon completion of his initial entry training, he was awarded MOS 11B (Infantryman). 10. The applicant is currently serving on active duty in the rank of staff sergeant (SSG) with a date of rank of 1 May 2006. He is assigned to 2nd Battalion, 7th Cavalry Regiment, 3rd Armored Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX. REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records. a. Paragraph 3-6 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 proper authorities listed in the regulation. b. Table 3-1 (Composition of the OMPF) of this regulation shows that a DA Form 4187 changing duty status is to be filed in the performance folder and DFR Packets are to be filed in the service folder of the OMPF. DISCUSSION: 1. The evidence of record shows the applicant went AWOL during his initial enlistment period and was apprehended after 71 days. As a result, he was discharged and all applicable related documents were filed in his OMPF. 2. There is no evidence the contested documents were improperly issued or that they were improperly filed in his OMPF. 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 performance and service folders of the OMPF serve 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. 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) AR20170006028 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006028 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2