ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20180000157


APPLICANT REQUESTS:  in effect, request to have his DD Form 1966/3 (Record of 
Military Processing - Armed Forces of the United States), dated 
5 September 1986, handwritten statement removed from the 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 (ABCMR) 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 his initial enlistment DD Form 1966/3 was altered on line 35 
to include a handwritten statement that he was charged with sexual assault.  He 
states that never happened, and he would like that statement removed from his 
military records.

3.  A review of the applicants’ service record shows:

	a.  On 5 September 1986, the applicant completed the DD Form 1996/3 item 35 
(Law Violations), stating he was charged with sexual assault in  in 
1983.  He went to the Superior Court and the charge was nullified. 

   b.  He enlisted into the Regular Army (RA) on 27 May 1987. 

	c  Orders C-01-400444 reflect that on 9 January 2014, he was honorably 
released from United States Army Reserve Control Group (REINF) and assigned to 
the retired reserve. 

	d.  Orders C04-493009 reflect that on 18 May 2014, he was placed on the retired 
list in the rank/grade of Command Sergeant Major/E9.

4.  By regulation, enlistment of qualified persons will be the foremost thought of 
persons who take part in, or are connected with, processing applicants for enlistment 
in the RA and the USAR.  Meeting requirement. Eligibility will be determined by the 
person's ability to meet all requirements of this regulation, to include obtaining 
waivers. Applicants will not be enlisted if any doubts on their qualifications cannot be 
resolved.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.  
Regulatory guidance states that once placed in the official military personnel file 
(OMPF), a document becomes a permanent part of that file.  The document will not 
be removed from the OMPF or moved to another part of the OMPF unless directed 
by competent authority, such as this Board.  The Board agreed the comments were 
listed, and the form was authenticated with his signature.  The Board determined 
there is insufficient evidence to grant relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




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.

	  
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 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 601-210 (Regular Army and Reserve Components Enlistment Program), 
paragraph 6-13 states that DD Form 4 establishes a legal relationship between the 
U.S. Government and the enlisted member. Special care will be taken to see that all 
items are correct, without strikeover. 

	a. After MEPS personnel complete appropriate section, applicant will be returned 
to guidance counselor with DD Form 4 for review and signature.

	b. After guidance counselor signs and certifies accuracy of all actions taken, and 
accepts applicant for DEP, RA, USAR, or ARNG enlistment, applicant returns to 
MEPS for completion of processing and enlistment.

	c. After taking oath of enlistment, applicant and enlisting officer sign DD Form 4. 
A copy is given to the enlistee for personal records.

	d. For applicants entering on AD from the DEP, MEPS types in all required data 
and sends applicant to the guidance counselor.

	e. Guidance counselor reviews all forms, verifies eligibility for AD, ensures that 
any changes in applicant’s status are properly documented, witnesses applicant’s 
signature, and then signs and accepts applicant for RA enlistment.

	f. After taking oath, applicant signs and the enlisting officer signs.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000157

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