RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 JANUARY 2005
DOCKET NUMBER: AR2004107140
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:
| |Ms. Karen Heinz | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Mr. James Gunlicks | |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 promotion order number 057-26 be expunged
from her OMPF (Official Military Personnel File) because they duplicate
order number 057-22.
2. The applicant states, in effect, that her promotion section utilized an
invalid order number (057-26) on the first set of promotion orders and then
issued corrected orders with a valid order number (057-22). She notes,
however, that both orders are in her OMPF.
3. The applicant provides copies of e-mail traffic between a unit
personnel sergeant at Fort Eustis and the installation personnel sergeant
major.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in pay grade E-6.
2. On 26 February 2004 order number 057-26 was published by the United
States Army Transportation Center and Fort Eustis, promoting the applicant
to pay grade E-6. That order is filed in the applicant’s OMPF.
3. That same day, 26 February 2004, order number 057-22 was published by
the same activity. The second order (057-22) is identical in every aspect
to the first order (057-26), with the exception of a notation at the bottom
of the 057-22 order indicating “Corrected Copy.” The “correction” is not
identified. The 057-22 order is 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 on 26 February 2004
utilizing different order numbers, but it is possible that a typographical
error occurred in the utilization of number 057-26 and in an effort to
correct the situation, officials at the United States Army Transportation
Center and Fort Eustis simply reissued the orders utilizing the correct
order number. Unfortunately, both sets of orders eventually ended up being
filed in the applicant’s OMPF.
2. Even though the orders may duplicate the applicant’s promotion to pay
grade E-6, 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 promotion 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 order number 057-26 from the applicant’s OMPF.
BOARD VOTE:
___KH __ ___RD __ ___JG __ 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 promotion order number 057-26, which duplicates the applicant’s
promotion order number 057-22, from her OMPF.
______Karen Heinz__________
CHAIRPERSON
INDEX
|CASE ID |AR2004107140 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050104 |
|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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