IN THE CASE OF:	  

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080014513 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of an erroneous enlistment contract from his Official Military Personnel File (OMPF).

2.  The applicant states he is a Regular Army officer and that upon reviewing his OMPF, he discovered an enlistment contract that belongs to a different Soldier.

3.  The applicant provides a copy of the enlistment contract in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army major who entered the Army as an enlisted Soldier on 22 November 1989 and was honorably discharged on 17 May 1995 and ordered to active duty as a commissioned officer in the Field Artillery (FA) Corps and subsequently attended the FA Basic Officer Course.  He was promoted to captain on 1 June 1999 and major on 1 September 2005.

2.  The applicant's OMPF contains a copy of a DD Form 4 (Enlistment/ Reenlistment Document-Armed Forces of the United States), dated 14 March 1991, with a different name, component, and social security number.

3.   Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF, and states in pertinent part that the performance section is used for filing performance, commendatory and disciplinary data.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.  Table 2-1 of Army Regulation 600-8-104 states in pertinent part that the DD Form 4 is filed in the service section of the Performance fiche on the OMPF.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant's OMPF contains an enlistment contract of another Soldier that is incorrectly filed on his OMPF.  Therefore, the applicant is entitled to correction of his records to remove the erroneous document. 

BOARD VOTE:

___X____  __X_____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 DD Form 4, dated 14 March 1991, from his OMPF.



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      _______ _   _______   ___
       	   CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080014513





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ABCMR Record of Proceedings (cont)                                         AR20080014513



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