ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 September 2019

	DOCKET NUMBER:  AR20170014294


APPLICANT REQUESTS: removal of DA Form 268 (Suspension of Favorable Actions) 
from her IPERMS (Interactive Personnel Electronic Records Management System) 
records.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that she would like her DA Form 268 removed from her military 
records.  The form is impacting her promotion eligibility review.

3.  A review of the applicant’s record show the following:

	a.  She enlisted in the Army National Guard (ARNG) on 29 July 2003.  She 
reenlisted in the ARNG on 14 January 2008.

	b.  DA Form 268, dated 25 May 2010, suspends the applicant’s favorable actions for 
failure to pass her Army Physical Fitness Test on 22 May 2010.  The applicant’s rank is 
shown as private first class/E-3.

	c.  The applicant’s ERB (Enlisted Record Brief) dated 2 April 2018 shows flag code, 
flag start date, and flag expiration date as blank entries. 

	d.  Orders 088-020, dated 29 March 2019, orders the applicant to annual training 
from 14 June 2019 to 28 June 2019.  The applicant’s rank is shown as sergeant/E-5.

4.  AR 600-8-2 (Suspension of Favorable Action) paragraph 2-9 states that only officers 
authorized to direct initiation of a Flag may direct removal of a Flag (for example, the 
unit commander, a general officer, commandant, or head of a DA staff or field operating 
agency) unless otherwise directed by this regulation or Commander, HRC (AHRC–
PDV–PS).  Army Physical Fitness Test: remove the Flag on the date the Soldier passes 
the record APFT.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the documentary evidence showing that the FLAG 
was implemented while the applicant was a PFC, the Board found that the FLAG should 
have been filed locally.  Therefore, the Board concluded there was an error in the 
implementation of the flagging action which warranted correction.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 
Army records of the individual concerned be corrected by removal of DA Form 268 
(Suspension of Favorable Actions) from the applicant’s IPERMS (Interactive Personnel 
Electronic Records Management System) records.
	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  AR 600-8-2 (Suspension of Favorable Action) paragraph 2-9 states that only officers 
authorized to direct initiation of a Flag may direct removal of a Flag (for example, the 
unit commander, a general officer, commandant, or head of a DA staff or field operating 
agency) unless otherwise directed by this regulation or Commander, HRC (AHRC–
PDV–PS).  Army Physical Fitness Test: remove the Flag on the date the Soldier passes 
the record APFT.


ABCMR Record of Proceedings (cont)	 AR20170014294

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