Boards, Commissions, and Committees Army …

1 army Regulation 15 185 Boards, Commissions, and CommitteesArmy board forCorrection ofMilitaryRecordsHeadquartersDepartment of the ArmyWashington, DC31 March 2006 UNCLASSIFIEDSUMMARY of CHANGEAR 15 185 army board for Correction of Military RecordsThis rapid action revision dated 31 March 2006--o Updates policies and procedures in the reconsideration of army board forCorrection of Military Records decision in order to comply with the UnitedStates District Court for the District of Columbia decision (Lipsman of the army --Civil Action No. 02-0251, 2004 Dist. Lexis 17866)(para 2-15).o Updates appendix revision--o Updates information on the policy and procedures for the operation of the ArmyBoard for Correction of Military Implements Department of Defense (DOD) Instruction , Correction ofMilitary Records (para 2-2a).o Implements that portion of section 1034 of title 10 of the Code and thatportion of DOD Directive , Military Whistleblower Protection, thatpertain to actions by the army board for Correction of Military Records (para2-2b).

2 O Prescribes DD Form 149 (Application for Correction of Military Record Underthe Provisions of title 10, Code, section 1552) (para 2-3b).HeadquartersDepartment of the ArmyWashington, DC31 March 2006 Boards, Commissions, and CommitteesArmy board for Correction of Military Records* army Regulation 15 185 Effective 1 May 2006 History. This publication is a rapid actionr e v i s i o n . T h e p o r t i o n s a f f e c t e d b y t h i sr a p i d a c t i o n r e v i s i o n a r e l i s t e d i n t h esummary of This regulation provides De-partment of the army policy, criteria, anda d m i n i s t r a t i v e i n s t r u c t i o n s r e g a r d i n g a napplicant s request for the correction of amilitary This regulation applies tot h e A c t i v e A r m y , t h e A r m y N a t i o n a lGuard/ army National Guard of the UnitedStates, and the army Reserve unlessotherwise stated.

3 Also, it applies to formersoldiers of these organizations and theirheirs or legal representatives and other in-dividuals, military or civilian, who are af-f e c t e d b y a m i l i t a r y r e c o r d . F u r t h e r , i tapplies to the Defense Finance and Ac-counting Service in settling claims as aresult of correction of an army militaryrecord. This regulation remains in full ef-fect during and exception proponent of this regulation is theAssistant Secretary of the army (Man-power and Reserve Affairs). The propo-n e n t h a s t h e a u t h o r i t y t o a p p r o v eexceptions or waivers to this regulationthat are consistent with controlling lawand regulations. The proponent may dele-gate this approval authority, in writing, toa d i v i s i o n c h i e f w i t h i n t h e p r o p o n e n tagency or its direct reporting unit or fieldoperating agency, in the grade of colonelor the civilian equivalent.

4 Activities mayrequest a waiver to this regulation by pro-v i d i n g j u s t i f i c a t i o n t h a t i n c l u d e s a f u l lanalysis of the expected benefits and musti n c l u d e f o r m a l r e v i e w b y t h e a c t i v i t y ssenior legal officer. All waiver requestswill be endorsed by the commander ors e n i o r l e a d e r o f t h e r e q u e s t i n g a c t i v i t yand forwarded through their higher head-quarters to the policy proponent. Refer toAR 25 30 for specific management control regulation contains management con-t r o l p r o v i s i o n s i n a c c o r d a n c e w i t h A R11 2, but does not identify key manage-ment controls that must be u p p l e m e n t a t i o n . S u p p l e m e n t a t i o n o fthis regulation and establishment of com-mand and local forms are prohibited with-out prior approval from HQDA, AssistantS e c r e t a r y o f t h e A r m y ( M a n p o w e r a n dR e s e r v e A f f a i r s ) ( S A M R Z A ) , A r m yPentagon, Washington, DC 20310 improvements.

5 Users areinvited to send comments and suggestedimprovements on DA Form 2028 (Recom-m e n d e d C h a n g e s t o P u b l i c a t i o n s a n dBlank Forms) directly to the Departmento f t h e A r m y R e v i e w B o a r d s A g e n c y ,A T T N : S A M R A R B A , 1 9 4 1 J e f f e r s o nD a v i s H i g h w a y , A r l i n g t o n , V A22202 This publication is availa-ble in electronic media only and is in-tended for command levels C, D, and Ef o r t h e A c t i v e A r m y , A r m y N a t i o n a lGuard/ army National Guard of the UnitedStates, and the army (Listed by paragraph and page number)Chapter 1 Introduction, page 1 Section IGeneral, page 1 Purpose 1 1, page 1 References 1 2, page 1 Explanation of abbreviations and terms 1 3, page 1 Statutory authority 1 4, page 1 Section IIResponsibilities, page 1*This regulation supersedes AR 15 185, dated 29 February 15 185 31 March 2006iUNCLASSIFIEDC ontents ContinuedThe Secretary of the army 1 5, page 1 The Director, army board for Correction of Military Records 1 6, page 1 The chair of an army board for Correction of Military Records panel 1 7, page 1 The army board for Correction of Military Records members 1 8, page 1 The Director, army Records Holding Agency 1 9, page 1 The commanders of army Staff agencies and commands 1 10, page 2 The Director, Defense Finance and Accounting Service 1 11, page 2 Chapter 2 General.

6 Page 2 Section IArmy board for Correction of Military Records Establishment and Functions, page 2 army board for Correction of Military Records establishment 2 1, page 2 army board for Correction of Military Records functions 2 2, page 2 Section IIApplication Procedures, page 2 Who may apply 2 3, page 2 Time limits 2 4, page 2 Administrative remedies 2 5, page 3 Stay of other proceedings 2 6, page 3 Counsel 2 7, page 3 Section IIIA ctions by the army board for Correction of Military Records Director and Staff, page 3 Criteria 2 8, page 3 Burden of proof 2 9, page 3 army board for Correction of Military Records consideration 2 10, page 3 Section IVHearings and Disposition of Applications, page 3 army board for Correction of Military Records hearings 2 11, page 3 army board for Correction of Military Records decisions 2 12, page 3 army board for Correction of Military Records final action 2 13, page 3 Decision of the Secretary of the army 2 14, page 4 Reconsideration of army board for Correction of Military Records decision 2 15, page 4 Chapter 3 Claims/Expenses, page 4 Authority 3 1, page 4 Settlement of claims 3 2, page 4 Payment of expenses 3 3, page 4 Chapter 4 Miscellaneous Provisions, page 5 Special standards 4 1, page 5 Public access to decisions 4 2, page 5 Appendix , page 6 GlossaryIndexiiAR 15 185 31 March 2006 Chapter 1 IntroductionSection IGeneral1 1.

7 PurposeThis regulation prescribes the policies and procedures for correction of military records by the Secretary of the army ,acting through the army board for Correction of Military Records (ABCMR).1 2. ReferencesRequired and related publications and prescribed and referenced forms are listed in appendix 3. Explanation of abbreviations and termsAbbreviations and special terms used in this regulation are explained in the 4. Statutory authoritySection 1552, Title 10, United States Code (10 USC 1552) is the statutory authority for this IIResponsibilities1 5. The Secretary of the ArmyThe Secretary of the army will oversee the operations of the ABCMR. The Secretary will take final action onapplications, as 6. The Director, army board for Correction of Military RecordsThe Director, ABCMR will manage the ABCMR day to day 7.

8 The chair of an army board for Correction of Military Records panelThe chair of a given ABCMR panel will a. Preside over the Conduct a Maintain Ensure the applicant receives a full and fair opportunity to be Certify the written record of proceedings in pro forma and formal hearings as being true and 8. The army board for Correction of Military Records membersThe ABCMR members will a. Review all applications that are properly before them to determine the existence of error or Direct or recommend changes in military records to correct the error or injustice, if persuaded that material erroror injustice exists and that sufficient evidence exists on the Recommend a hearing when appropriate in the interest of Deny applications when the alleged error or injustice is not adequately supported by the evidence and when ahearing is not deemed Deny applications when the application is not filed within prescribed time limits and when it is not in the interestof justice to excuse the failure to file in a timely 9.

9 The Director, army Records Holding AgencyThe director of an army records holding agency will a. Take appropriate action on routine issues that may be administratively corrected under authority inherent in thecustodian of the records and that do not require ABCMR Furnish all requested army military records to the Request additional information from the applicant, if needed, to assist the ABCMR in conducting a full and fairreview of the Take corrective action directed by the ABCMR or the Secretary of the Inform the Defense Finance and Accounting Service (DFAS), when appropriate; the applicant; the applicant scounsel, if any; and the interested Members of Congress, if any, after a correction is Return original records of the soldier or former soldier obtained from the Department of Veterans 15 185 31 March 20061 10.

10 The commanders of army Staff agencies and commandsThe commanders of army Staff agencies and commands will a. Furnish advisory opinions on matters within their areas of expertise upon request of the ABCMR and in a Obtain additional information or documentation as needed before providing the opinions to the Provide records, investigations, information, and documentation upon request of the Provide additional assistance upon request of the Take corrective action directed by the ABCMR or the Secretary of the 11. The Director, Defense Finance and Accounting ServiceAt the request of the ABCMR staff, the Director, DFAS, will a. Furnish advisory opinions on matters within the DFAS area of expertise upon Obtain additional information or documentation as needed before providing the Provide financial records upon Settle claims that are based on ABCMR final actions, on behalf of the Report quarterly to the ABCMR Director on the monies expended as a result of ABCMR action and the names ofthe 2 GeneralSection IArmy board for Correction of Military Records Establishment and Functions2 1.