RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060010719


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, in effect, removal of Order Number 188-276 from
his official military personnel file (OMPF).

2.  The applicant states, in effect, that there was no negative action
pending against him or record of this order for his promotion revocation.
He has never had a negative action in his military career.  He has never
been flagged for any promotion.  He met all the requirements for his
sergeant first class (SFC) promotion on time.

3.  The applicant provides copies of his promotion orders for SFC; Order
Number 188-276; and electronic mail (email) correspondence from the US Army
Enlisted Records and Evaluation Center (EREC), Indianapolis, Indiana, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army,
in pay grade E-2, on 26 April 1991.

2.  The applicant was issued Order Number 10-32, dated 10 January 2002,
indicating his promotion to SFC effective 1 February 2002.

3.  The applicant was subsequently issued Order Number 58-31, dated
27 February 2002, indicating his promotion to SFC effective 1 February
2002.

4.  The applicant was issued revocation Order Number 188-276, dated 6 July
2004, indicating revocation of Order Number 58-276.

5.  The applicant reenlisted on 23 January 2006, indefinitely, and is
currently serving on active duty in the rank of SFC, pay grade E-7.

6.  In email correspondence, dated 12 July 2006, a staff member with EREC,
Indianapolis, advised the applicant that they could not remove Order Number
188-276 from his OMPF.  He was advised to submit a request to the Army
Board for Correction of Military Records (ABCMR) for it to be totally
removed from his OMPF.

7.  A staff member of the Army Human Resources Command (AHRC), Enlisted
Promotions, Alexandria, Virginia, advised the Board that the applicant was
promoted by Order Number 10-32, dated 10 January 2002.  On 27 February
2002, during the performance of a test updating automation, an invalid
order (Order Number 58-31) was produced.  This order was picked-up by the
Promotions Branch and forwarded to EREC for posting on the applicant's OMPF
in error.  The Promotions Branch requested to have the order expunged from
the applicant's records and the request was denied, based on the fact that
the Records Management Office was not authorized to remove a document once
it had been filed on the OMPF.  Removal of the document would have to be
accomplished through the ABCMR.  Promotions Branch's fix was to revoke all
the erroneous orders.  Order Number 10-32, dated 10 January 2002, is a
valid order.  Order Number 58-31 is an invalid order which was revoked by
Order Number 188-276.  The applicant's revocation order (Order Number 188-
276) has an administrative error where it reads, "So much of: Order 58-276"
should read "So much of:  Order 58-31."

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and procedures governing the OMPF, the
Military Personnel Records Jacket, the Career Management individual File,
and the Army Personnel Qualification Records.  Paragraph 2-4 of this
regulation specifies that once a document is placed in the OMPF it becomes
a permanent part of that file and will not be removed from that file or
moved to another part of the file unless directed by the ABCMR, the
Department of the Army Suitability Evaluation Board, the Army Appeals
Boards, the Chief of Appeals and Corrections Branch of the Total Army
Personnel Command [now the HRC], or the OMPF custodian when documents have
been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the removal of Order Number 188-276 from
his OMPF has merit.

2.  The evidence of record shows the applicant was issued Order Number 10-
32, dated 10 January 2002, promoting him to SFC, pay grade E-7.  On
27 February 2002, through administrative error, Order Number 58-31, an
erroneous promotion order, was placed on his OMPF.  On 6 July 2004, Order
Number 188-276, which should have revoked Order Number 58-31, was processed
and placed on his OMPF.  Order Number 188-276 contained an administrative
error.  Instead of reading, "So much of: Order 58-276 it should read "So
much of:  Order 58-31."

3.  In light of the fact that Order Number 58-31 was an administrative
error and incorrectly placed on his OMPF and Order Number 188-276,
contained an administrative error, these documents should be removed from
the applicant's OMPF in the interest of justice and equity.
BOARD VOTE:

_KLW___  _SJS ___  __TMR__  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 Order Number 58-31 and Order Number 188-276 from his OMPF.




                                  ___Kenneth L. Wright_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010719                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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