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ARMY | BCMR | CY2005 | 20050011768C070206
Original file (20050011768C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 October 2005
      DOCKET NUMBER:  AR20050011768


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 the first Permanent Order Number 123-22,
dated
3 May 2003, for the Army Commendation Medal (ARCOM) with "V" Device for
heroism during the period 31 March 2003 to 4 April 2003 in Iraq filed in
the Commendatory Data section on his Official Military Personnel File
(OMPF) be expunged.

2.  The applicant states the first orders filed on his OMPF contain
incorrect information (misspelled rank ("FIRT" instead of First), wrong
middle initial
("L" instead of "J"), and incorrect unit ("B CO, 1st BATTALION, 41st
INFANTRY REGIMENT" instead of Company C, 2nd Battalion, 70th Armored
Regiment)).  He contends these orders were corrected; however, both the
"corrected copy" and the orders with incorrect information were filed on
his OMPF.

3.  The applicant provides a copy of the "corrected" permanent order for
the ARCOM with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a first sergeant assigned to the
Drill Sergeant School in Fort Knox, Kentucky.

2.  Permanent Order Number 123-22, dated 3 May 2003, shows the applicant
was awarded the ARCOM with "V" Device for heroism during the period
31 March 2003 to 4 April 2003 in Iraq.

3.  Review of the applicant's OMPF revealed two permanent orders (Number
123-22, dated 3 May 2003) for the ARCOM with "V" Device for heroism during
the period 31 March 2003 to 4 April 2003 in Iraq.  The first permanent
order filed in the Commendatory Data section on his OMPF contains three
errors (misspelled rank, incorrect middle initial, and incorrect unit).
The second permanent order filed in the Commendatory Data section on his
OMPF appears to be a "corrected copy" of the first permanent order since
the three errors were corrected.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant received the ARCOM with "V" Device for heroism
during the period 31 March 2003 to 4 April 2003.  The first permanent order
for this award filed in the Commendatory Data section of the applicant's
OMPF contains erroneous information.  It appears these errors were
corrected and new permanent orders were published as evidenced by the
second permanent order filed in the Commendatory Data section on his OMPF.
Therefore, it would be appropriate to expunge the first permanent orders
contained in this section on his OMPF.

BOARD VOTE:

JA_____  _JM_____  _LD_____  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 first Permanent Order Number 123-22, dated 3 May 2003, with
the three listed errors, filed in the Commendatory Data section on the
applicant's OMPF.





              James Anderholm_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050011768                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |126.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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