IN THE CASE OF:	

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100024736 


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 another Soldier's DD Form 93 (Record of Emergency Data) and a SGLV-8286 (Servicemembers' Group Life Insurance Election and Certificate) from his official military personnel file (OMPF).

2.  The applicant states, in effect, upon reviewing his OMPF he found his DD Form 214 (Certificate of Release or Discharge from Active Duty) record contained a DD Form 93 and an SGLV-8286 that belongs to another enlisted Soldier.

3.  The applicant provides copies of a DD Form 93 and an SGLV-8286.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 10 August 1982.  He was honorably retired from active duty on 31 December 2007 in the rank/grade of sergeant first class (SFC).  He completed 24 years, 11 months, and 24 days of creditable active service.

2.  His OMPF contains a DD Form 93, dated 14 February 2007, and an 
SGLV-8286, dated 14 February 2007, belonging to SFC D____.

3.  Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF and states 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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's OMPF contains a DD Form 93 and an SGLV-8268 of another Soldier that are incorrectly filed in his OMPF.  Therefore, the applicant is entitled to correction of his records to remove the erroneous documents.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  removing the DD Form 93, dated 14 February 2007, and SGLV-8268, dated 14 February 2007, belonging to SFC D____ from his OMPF and

	b.  ensuring the copies of the DD Form 93 and SGLV-8268 he submitted with his application are not filed in his OMPF.



      _____________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)                                         AR20100024736



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ABCMR Record of Proceedings (cont)                                         AR20100024736



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