IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090020787 


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, in effect, removal of Orders 090-01, dated 31 March 2008, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, Contingency Operating Base (COB) Adder, Iraq, from his official military personnel file (OMPF).

2.  He states these orders are erroneous.

3.  He provides copies Orders 087-13 and 090-01, a memorandum for record (MFR), and his DA Form 1695 (Oath of Extension of Enlistment).

CONSIDERATION OF EVIDENCE:

1.  His military records show he enlisted in the Regular Army in pay grade E-2 on 1 December 2004 with prior enlisted service in the Army National Guard.  He reenlisted on 30 March 2006 for 6 years.

2.  Orders 087-13, dated 27 March 2008, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, COB Adder, Iraq, were published announcing his promotion to sergeant effective 1 April 2008.  His OMPF located on the integrated Personnel Electronic Records Management System (iPERMS) contain a copy of these orders.

3.  Orders 090-01, dated 31 March 2008, issued by Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, COB Adder, were published revoking Orders 087-13, dated 27 March 2008.  His OMPF located on the iPERMS contain a copy of these orders.

4.  In an MFR, dated 2 October 2008, the unit commander, 600th Quartermaster Company (Aerial Equipment Repair and Supply), Fort Bragg, stated the applicant had rescinded orders on his iPERMS.  Orders 087-13, dated 27 March 2008, pertaining to his promotion to sergeant were erroneous and needed to be removed from his files.

5.  He is currently serving on active duty in the rank/grade of sergeant/pay grade E-5.

6.  On 24 June 2010, the unit assistant noncommissioned officer in charge, 5th Psychological Operations Battalion, Fort Bragg, verified he was promoted to sergeant/pay grade E-5 effective 1 March 2008.  

7.  On 24 June 2010, a staff member of the Defense Finance and Accounting Service verified he was being paid in the rank of sergeant effective 1 March 2008.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policy and procedures for maintenance of a Soldier's personal information.  Paragraph 2-4a states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for Correction of Military Records or the OMPF custodian when documents have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was promoted to sergeant and began being paid in that rank effective 1 March 2008.  

2.  On 27 March 2008, Headquarters, 1st Brigade Combat Team, 82nd Airborne Division, COB Adder, issued Orders 087-13 promoting him to sergeant effective 1 April 2008.  On 31 March 2008, the same headquarters issued Orders 090-01 revoking Orders 087-13.

3.  In view of the circumstances in this case, he is not entitled to have Orders 090-01, dated 31 March 2008, revoked and removed from his OMPF.  These accurately show Orders 087-13 were erroneous and needed to be revoked.

4.  Since the preponderance of evidence indicates the applicant was promoted to sergeant effective 1 March 2008, he should ensure a copy of the 1 March 2008 promotion orders are filed in his records.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X_____________
       	     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)                                         AR20090020787



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ABCMR Record of Proceedings (cont)                                         AR20090020787



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