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ARMY | BCMR | CY2007 | 20070012640
Original file (20070012640.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070012640 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

Member

Mr. Edward E. Montgomery

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 his records be corrected by removing from his Official Military Personnel File (OMPF), Order Number 092-030; Order Number 113-031; Order Number 188-17; Order Number 273-0109; Order Number  
073-167; and Order Number 252-01.

2.  The applicant states, in effect, that he has had problems with his Army Good Conduct Medals (AGCMs), because he continuously received the wrong award or duplicates of the same award.  He requests that the extra documents be removed from his OMPF so that he can get rid of the unnecessary orders and start receiving one order number per award. 

3.  The applicant does not provide any additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active duty on 23 March 1993.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 63H (Track Vehicle Repairer).

2.  He is currently serving with Headquarters, Special Troops Battalion, at Fort Stewart, Georgia.

3.  A review of the applicant's OMPF does not show the following documents: Permanent Orders 000092-030; Permanent Orders 113-031; Permanent Orders 188-17; and Permanent Orders 273-0109.  However, it does show permanent Orders 073-167, dated 14 March 2005; Permanent Orders 073-168, dated
14 March 2005; and Permanent Orders 252-01, dated 9 September 2005.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states 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 proper authorities listed in the regulation.  Table 2 of the regulation pertains to the composition of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected by removing from his OMPF Permanent Orders 000092-030; Permanent Orders 113-031; Permanent Orders 188-17; Permanent Orders 273-0109; Permanent Orders 
073-167; and Permanent Orders 252-01.

2.  However, the only contested documents contained in his OMPF are Order Number 073-167, dated 14 March 2005; Order Number 073-168, dated 14 March 2005; and Order Number 252-01, dated 9 September 2005.

3.  Permanent Orders 073-168, dated 14 March 2005 was appropriately published for the AGCM (4th Award) and was filed in his OMPF and Permanent Orders 073-167, dated 14 March 2005 was erroneously published; therefore, it was revoked by Permanent Orders 252-01, dated 9 September 2005 and it was filed in his OMPF.

4.  Since only one AGCM order revocation is contained in the applicant's records, there is insufficient basis to remove a properly filed order with revocation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____rtd__  ___cad__  ___eem__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




_________Richard T. Dunbar_______
          CHAIRPERSON




INDEX

CASE ID
AR20070012640
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070927
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.


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