IN THE CASE OF: BOARD DATE: 12 May 2020 DOCKET NUMBER: AR20190015592 APPLICANT REQUESTS: removal of document in his Army Military Human Resources Records (AMHRR) that is labeled as Waivsupp, applicant waiver supporting documentation (Non-Required). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Document in AMHRR labeled as waivsupp, applicant waiver supporting documentation (non-required) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code § 1552(b); however, the 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 that he requests the removal of a document from his AMHRR that is labeled as Waivsupp, applicant waiver supporting documentation (non-required) due to lack of official evidence, a non-requirement, and privacy reasons. 3. The applicant provides the document that he is requesting to be removed from his AMHRR. 4. A review of the applicant service records shows: a. He enlisted in the Regular Army (RA) on 2 January 2013. b. DD Form 1966 (Record of Military Processing – Armed Forces of the United States) that in Section VI (Remarks) that the applicant received a moral waiver on 13 August 2012 with the control number 4d00b6fb80f85a65. c. DA Form 3286A (Statement of Enlistment United States Army Enlistment Program) in paragraph 3a states that the applicant provided complete detailed and accurate background information in regards to his controlled drug and alcohol use, financial, moral and physical history. d. Paragraph 3d (1) that states the applicant must revel all criminal offenses, cases, and arrests to include juvenile and those charges that have been expunged, dismissed, set aside, or not prosecuted. e. DA Form 3286B, Paragraph 3a states the applicant provided complete, detailed and accurate background information in regards to his controlled drug and alcohol use, financial, moral, and physical history. The information will be used to determine eligibility for a security clearance if required. If the applicant failed to provide such information he could be processed for discharge. f. DD Form 369 (Police Record Check) shows that the applicant had a police or juvenile record. g. USAREC Form 1037 (Probation Officer and/or Court Records Report) shows the applicant was found guilty of speeding 91 miles per hour (MPH) in a 70 MPH zone, minor in possession of alcohol, and consumption of alcohol by a minor. h. Email for request of a moral waiver for the applicant. The waiver supporting documentation was his mother statement that she overreacted to the incident where the applicant struck her at which time she filed criminal charges against him. This is the document in the AMHRR that the applicant is requesting to be removed. i. On 13 May 2016, he was released from active duty with an honorable characterization of service under provision of Army Regulation (AR) 635-200 (Active Duty Administrative Separation), chapter 4 (Completion of required active service) and assigned to the United States Army Reserve (USAR) Control Group (Reinforcement). His DD 214 (Certificate of Release or Discharge) shows that he completed 3 years, 4 months, and 12 days of active service. 5. By regulation 600-8-104 (Army Military Human Resources Records Management), prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and the regulatory guidance were carefully considered. The Board noted per Army Regulation 600-8-104, Paragraph 3-6, only documents pertaining to a Soldier’s military career will be filed in the AMHRR and the waiver supporting documentation was not required. The Board determined there is sufficient evidence to grant relief. 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 the Army records of the individual concerned be corrected by removing the document labeled “Waivesupp” from his Army Military Human Resources Records (AMHRR). 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, United States Code § 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-104 (Army Military Human Resources Records Management), prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR). Paragraph 3–6 (Authority for filing or removing documents in the Army Military Human Resource Record folders), only documents pertaining to a Soldier’s military career per appendices B and C will be filed in the AMHRR. No more than one copy of a document will be uploaded into the AMHRR, although a document may be viewed from different folders within iPERMS. Once properly filed in the AMHRR (as defined in table 3–1), the document will not be removed from the record unless directed by one of the following: * Boards of the Army Review Boards Agency * U.S. Army Physical Disability Agency for physical evaluation board documents only * Chief, Appeals and Corrections Section of the Evaluations, Selections, and Promotions Division * ORC for administrative purposes; this includes, but is not limited to deleting or moving mistakenly filed documents from the performance or service folder to the restricted folder and vice versa * upon end of retention period for non-permanent documents contained in table 4–1 folder structure //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015592 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1