RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 OCTOBER 2004
DOCKET NUMBER: AR2004101137
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Curtis Greenway | |Member |
| |Ms. Eloise Prendergast | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that two orders, issued on 7 December 2001,
which awarded him his third and fourth award of the Army Good Conduct
Medal, be expunged from his Official Military Personnel File (OMPF).
2. The applicant states that the December 2001 orders duplicate identical
orders issued in August 2001 which are also in his OMPF.
3. The applicant provides no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in pay grade E-6.
2. On 23 August 2001 permanent orders number 341-08 and 341-09 were
published by the 18th Personnel Services Battalion at Fort Bragg, North
Carolina awarding the applicant his third and fourth awards of the Army
Good Conduct Medal. Those orders are filed in the applicant’s OMPF.
3. On 7 December 2001 permanent orders number 341-08 and 341-09 were
published a second time awarding the applicant the same Army Good Conduct
Medals. The 7 December 2001 orders are identical in every aspect, with the
exception of the publication date, as the orders issued in August 2001.
The December 2001 orders are also filed in the applicant’s OMPF.
4. Army Regulation 600-8-104 states that once placed in the OMPF, the
document becomes a permanent part of that file. The document will not be
removed from a fiche or moved to another part of the fiche unless directed
by one of several agencies, including this Board. It does note that the
custodian of the OMPF may remove documents in the OMPF only when the
documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. It is unclear why identical orders were published in August and
December 2001 but it is possible that the August order may have been
misplaced and in an effort to correct the situation, officials at the 18th
Personnel Service Battalion simply reissued the orders utilizing a
different date. Unfortunately, both sets of orders eventually ended up
being filed in the applicant’s OMPF.
2. Even though the orders may duplicate award of the Army Good Conduct
Medals, they are not “improperly” filed and hence the custodian of the
applicant’s OMPF cannot remove the duplicate orders. As such, action by
this Board is required.
3. Although no error exists, the duplication of award orders may cause
confusion for anyone who ultimately is authorized to review the applicant’s
OMPF, including future promotion boards. While publishing revocation
orders and filing those in the OMPF would alleviate that situation it could
also raise additional questions regarding the applicant’s file. As such,
in the interest of equity and justice, it would be appropriate to expunge
the December 2001 orders from the applicant’s OMPF. However, the removal
of the orders will not serve as a basis for promotion consideration.
BOARD VOTE:
___JS___ ___CG __ ___EP __ 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
expunging orders number 341-08 and 341-09, dated 7 December 2001, from the
his OMPF. The removal will not serve as a basis for promotion
reconsideration.
______John Slone________
CHAIRPERSON
INDEX
|CASE ID |AR2004101137 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041026 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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