IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220005231 APPLICANT REQUESTS: removal or transfer the following documents from his Army Military Human Resource Record (AMHRR) to the restricted folder: * DD Form 369 (Police Record Check), 31 May 2012 * Police Agency Listing, 23 August 2012 * U.S. Army Recruiting Command (USAREC) Form 1037 (Probation Officer and/or Court Records Report), 12 July 2012, with Magisterial District Judge Docket, 12 July 2012 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 369 (Police Record Check), 31 May 2012 * Police Agency Listing, 23 August 2012 * USAREC Form 1037 (Probation Officer and/or Court Records Report), 12 July 2012, with Magisterial District Judge Docket, 12 July 2012 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 the documents he is requesting removal of reference a 10-year old retail theft arrest. A college classmate stole from Walmart, and he was with him during the theft. They were both charged. He pled "no contest." He was 18 years old at the time and did not want to seek help from his parents because he did not want them to know about the incident. The court confirmed that there is no record of this offense at the court. It has been expunged/erased for at least 5 years now. He has had no negative interaction with law enforcement of any kind since. There is no record of this offense in any court system or judicial system; it has long since been deleted. He is submitting an application to become a U.S. Army warrant officer and does not want this to reflect negatively on his submission. 3. The DD Form 369, 31 May 2012, shows the applicant's recruiter requested a police records check on him. 4. The USAREC Form 1037, 12 July 2012, shows he requested a copy of his civil offense(s) and/or juvenile disposition(s). 5. On 12 July 2012, the Magisterial District Court returned a copy of the docket with the applicant's case information, showing he was charged with retail theft on 8 November 2011. On 16 November 2011, he entered a guilty plea. He was fined and the case was closed. 6. The Police Agency Listing, 23 August 2012, notes the County Sheriff's Office does not release records. 7. The documents are filed in the performance folder of his AMHRR. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The purpose of maintaining the official military personnel file is to protect the interests of both the U.S. Army and the Soldier. In this regard, this official file serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of this file. Once placed in the official military personnel file the document becomes a permanent part of that file and will not be removed from or moved to another part unless directed by an appropriate authority.By regulation, the forms mentioned by the applicant are part of the enlistment process, and enlistment records are filed in the performance section of his AMHRR. Additionally, records of civil convictions are filed in the performance folder. The Army has an interest in maintaining the accuracy of its records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The Board did not find an error or injustice. ? 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, 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 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. 2. Army Regulation 600-37 (Unfavorable Information) implements policies regarding unfavorable information considered for inclusion in official personnel files. Paragraph 3-3 provides that certified judgments of civilian criminal convictions (to include the record of arrest) or extracts thereof may be included in the AMHRR. Records consisting solely of minor traffic violations are not to be filed in the AMHRR. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Program. The AMHRR includes, but is not limited to, the Official Military Personnel File, finance- related documents, and non-service related documents deemed necessary to store by the Army. a. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. b. Appendix B (Documents Required for Filing in the Army Military Human Resource Record and/or Interactive Personnel Electronic Records Management System) contains the list of all documents approved by Department of the Army and required for filing in the AMHRR and/or interactive Personnel Electronic Records Management System. Records of civil convictions are filed in the performance folder. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005231 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1