IN THE CASE OF: 

		BOARD DATE: 5 October 2023

		DOCKET NUMBER: AR20230003980


APPLICANT REQUESTS:

*	removal of his active duty service record
*	a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States
*	Table of Contents with Tabbed Attachments


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:

   a.  He is requesting his active duty service record be deleted due to selected Active 
Guard Reserve (AGR) positions being “stolen during an insider attack.” He would like to 
be reinstated in the AGR with his current social security number (SSN). The position 
was stolen upon award of his new military occupational specialty (MOS) of 11B40 on 
9 August 2005 with an effective date of 16 September 2005. He believes Lieutenant 
Colonel (LTC) signed a DA Form 4187 (Personnel Action) to steal his MOS and assign 
another MOS of 79R, Recruiter. The MOS information was then provided to Major 
(MAJ) with an alias of, a felon from County, , who subsequently stole his secret 
clearance with assistance from the personnel assigned to the Recruiting Battalion.

	b.  MAJ was called to active duty and his personally identifiable information (PII) was 
changed to the applicant’s name,. The applicant’s education records then listed an 
alternate SSN linked to erroneous documents; he believes this led to an “attack” which 
placed him under another record. He received orders which he was not informed about, 
and Mr. obtained his orders and information without his knowledge. The applicant 
followed guidance provided on the orders to report all violations of the Anti-Deficiency 
Act, Title 31 U.S.C. 1341, for an official investigation. In his current position as a Border 
Security Agent for the Installation Management Command, it is his duty to “guard 
everything within the limits of his post and quit his post only when properly relieved,” 
and to report violations, in addition to other values he holds close from his time in the 
military. He wants to follow the law and in keeping with the Whistle Blower procedures, 
he is requesting that MAJ transfer his commission to the applicant. He has targeted 
U.S.A. forces with a group operating in/out of. 

	c.  The applicant marks post-traumatic stress disorder (PTSD), traumatic brain injury 
(TBI), and reprisal/whistleblower on his applications as factors related to his request.

3.  The applicant provides a table of contents with tabbed attachments; however, some 
documents could not be found within the documents provided. The full application with 
attachments is available for review by the Board.

a.	Documents that have been tabbed include:

*	his prior application to the ABCMR with letter indicating his request was not 
clear
*	hand-written iPerms data notes
*	issues with transcripts and promotions
*	Police Department report
*	hand receipts, inspector general report, email thread for anti-deficiency 
violations
*	email threads with unit, U.S. Army Human Resources Command, IG, and the 
Department of Justice
*	security clearance documents
*	enlistment contract and training certificates
*	orders for deployments, permanent change of station (PCS), and 
identification theft proof
*	U.S. Army Recruiting Command (USAREC) PCS orders, a breach of contract
*	errors discovered on a job application and active duty status
*	proof of retaliation from State
*	claims against State

   b.  Listed documents on the table of contents that could not be located and are not 
individually tabbed include:
   
*	Tab 11 – stepfather, Mr., accomplice “HOR”
*	Tab 12 – on European assignment, no PCS (HOR), SFAS-CA
*	Tab 13 – physical attack on contingency operations (identify theft)
*	Tab 14 – evacuated as alias “DHS Breach/Transfer Funds”
*	Tab 15 – Wounded Warrior Program infiltration “2015” MAJ 
*	Tab 19 – DCJS foreign collusion (England & Gabon)

4.  A review of the applicant’s service record shows:

   a.  He enlisted in the Regular Army on 14 January 2003.

b.  His Enlisted Record Brief shows his deployments include the following:

*	Iraq – 26 September 2003 to 23 January 2004
*	Iraq – 5 December 2004 to 2 April 2005
*	Afghanistan – 15 March 2011 to 2 July 2011

   c.  A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) shows 
on 29 May 2013 an informal PEB convened and found the applicant physically unfit. 
The PEB recommended a rating of 100% and that the applicant’s disposition be 
permanent disability retirement. He sustained his injuries in July 2011 during an 
improvised explosive device (IED) attack/blast while deployed to Afghanistan. On 
12 June 2013, the applicant concurred with the finding, waived a formal hearing, and did 
not request reconsideration of his ratings. 

(1)	 Section III (Medical Conditions Determined to be Unfitting) listed:

*	bilateral transfemoral amputation with heterotopic ossification – 100%
*	PTSD – 50%
*	residuals of left hand trauma, w/partial amputation of multiple digits 
ankylosed index finger & thumb, palmar decubitus & residuals of left 
forearm trauma w/left median, ulnar & radial traumatic neuropathy – 40%
*	dyspnea on mild exertion w/obstructive patterns on pulmonary function 
tests – 30%
*	posttraumatic migraine headaches – 30%
*	traumatic neuropathy of the left radial, ulnar, and median nerves – 20%
*	residual of blast injury, right arm, with traumatic index finger amputation 
and retained blast fragments – 10%
*	partial amputation of the left ring and small fingers – 10%
*	scars of the head, face, and neck – 10%
*	painful scar on the left upper extremity – 10%
*	degenerative joint disease of the left wrist – 0%
*	linear scars on bilateral upper & lower extremities & the anterior trunk –0%

(2)	Section V (Administrative Determinations) noted:

*	the disability disposition is based on disease or injury incurred in the line 
of duty in combat with an enemy of the United States and as a direct result 
of armed conflict or caused by an instrumentality of war and incurred in 
the line of duty during a period of war (5 USC 8332, 3502, and 6303)
*	the disability did result from a combat-related injury under the provisions of 
26 USC 104 or 10 USC 10216

   d.  Orders 027-0138, dated 27 January 2014, permanently retired the applicant from 
active duty because of physical disability incurred while entitled to basic pay with a 
100% rating and an effective date of 20 February 2014.

   e.  He was retired from active duty on 20 February 2014. His DD Form 214 shows 
he completed 11 years, 1 month, and 7 days of active service.  He was assigned 
separation code SEJ and the narrative reason for separation listed as “Disability 
Permanent (Enhanced).”

5.  The Army has an interest in maintaining the integrity of its records for historical 
purposes. The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created. In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

6.  By regulation (AR 15-185), an applicant is not entitled to a hearing before the 
ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of 
the ABCMR.  

7.  By regulation (AR 600-8-104), the OMPF is defined as permanent documentation 
within the AMHRR that documents facts related to a Soldier during the course of his or 
her entire Army career, from time of accession into the Army until final separation, 
discharge, or retirement. The purpose of the OMPF is to preserve permanent 
documents pertaining to enlistment, appointment, duty stations, assignments, training, 
qualifications, performance, awards, medals, disciplinary actions, insurance, emergency 
data, separation, retirement, casualty, and any other personnel actions. The recipient 
has the burden of proof to show, by clear and convincing evidence, to support assertion 
that the document is either untrue or unjust, in whole or in part.

8.  By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. The Board found the 
available evidence sufficient to consider this case fully and fairly without a personal 
appearance by the applicant.

2.  The Board noted that it is not an investigative body and further noted the applicant 
has, in effect, asked for an investigation into allegations of misconduct that apparently 
occurred while he was service as a recruiter from 2005 to 2008. The Board determined 
it is not able to address these allegations as they are not related to a records correction. 

3.  The Board found the relief the applicant apparently seeks—deletion of records 
related to his active duty service—would only do him harm. The Board determined there 
is no basis for any corrective action in this case. 


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 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.

2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  

   a.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

   b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence 
or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right 
to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal 
hearing whenever justice requires.

3.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) 
states that the OMPF is defined as permanent documentation within the AMHRR that 
documents facts related to a Soldier during the course of his or her entire Army career, 
from time of accession into the Army until final separation, discharge, or retirement.  
The purpose of the OMPF is to preserve permanent documents pertaining to 
enlistment, appointment, duty stations, assignments, training, qualifications, 
performance, awards, medals, disciplinary actions, insurance, emergency data, 
separation, retirement, casualty, and any other personnel actions.  Once properly filed 
in the AMHRR the document will not be removed from the record unless directed by 
selected authorities such as the ABCMR, Army Discharge Review Board, Department 
of the Army Suitability Evaluation Board, and Army Special Review Board.

4.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, 
states the DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty. It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge. The information entered thereon reflects the conditions as they existed at 
the time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230003980


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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