RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20080001918


	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.










      The following members, a quorum, were present:




Chairperson



Member



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 correction of her military records to remove erroneous orders from her Official Military Personnel File (OMPF) and to correct all negative entries in her OMPF that may have resulted from these orders.  

2.  The applicant states, in effect, that in 1999 orders were published without her knowledge reassigning her from the Individual Ready Reserve (IRR) to the 
360th Chemical Company.  Then in 2000, because she did not report to the 360th Chemical Company, orders were published reassigning back to the IRR.  The applicant believes that these erroneous orders and inaccurate personnel entries may harm her career and wants them removed from her OMPF.  

3.  The applicant provides copies of the subject orders, email communications, and a letter of support.

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was serving as a first lieutenant, United States Army Reserve.

2.  On 14 March 1989, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 98G (Electronic Warfare Signal Intelligence Voice Interceptor).

3.  On 16 April 1991, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).

4.  On 22 July 1995, the applicant was appointed a second lieutenant in the Missouri Army National Guard.  She was ordered to initial active duty for training (IADT) effective 25 August 1996.  She completed the Chemical Officer Basic Course in January 1997 and was subsequently released from active duty on 
29 January 1997.

5.  On 1 May 1997, the applicant resigned from the Missouri Army National.  She was subsequently transferred to the IRR as a second lieutenant, Chemical Corps.

6.  Orders C-07-923913, United States Army Reserve Personnel Command, dated 29 July 1999, reassigned the applicant from the IRR to the 360th Chemical Company, in Texarkana, Texas. 

7.  Orders 032-304, 90th Regional Support Command, dated 1 February 2000, reassigned the applicant back to the IRR effective 10 January 2000.

8.  Orders D-05-320587, United States Army Reserve Personnel Command, dated 30 May 2003, discharged the applicant effective 1 October 2003.  Her characterization of service was honorable.

9.  On 28 September 2007, the applicant was appointed a first lieutenant, Chemical Corps, United States Army Reserve, and assigned for duty with the 307th Psychological Operations Company.

10.  A former United States Army Reserve recruiter, in a letter provided by the applicant, stated that during the 1996 to 2001 period, it was quite common for recruiters to assign individuals to a TPU without their knowledge or consent.  

11.  The applicant’s career branch manager stated in an email provided by the applicant that the subject orders were too old for the branch to revoke.  The email suggested that she submit a request to this Board for relief.

12.  In the processing of this case, an advisory opinion was obtained from the Career Management Officer, United States Army Human Resources Command, St. Louis, Missouri.  It stated that after reviewing her case and interviewing the applicant, the opinion was that the applicant was placed into a Troop Program Unit (TPU) without her knowledge and she was subsequently discharged months later as an IRR “No Show.”  It supported the applicant’s request to revoke or otherwise remove the subject orders from her OMPF.  

13.  Army Regulation 600-8-104 (Military Personnel Information Management /Records) provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the United States Government.  Once recorded, it will not be removed except as provided by law or this regulation. Types of authorized military personnel files are the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR). 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 or more of the following: (1) The Army Board for Correction of Military Records (ABCMR); (2) The Department of the Army Suitability Evaluation Board (DASEB); (3) Army appeal boards; (4) Chief, Appeals and Corrections Branch, Human Resources Command (5) The OMPF custodian when documents have been improperly filed; (6) Commander, Human Resources Command, ATTN: HRC-PDO-PO, as an approved policy change to this regulation; (7) Chief, Appeals Branch, Human Resources Command, St. Louis, Missouri ; (8) Chief, Appeals Branch, National Guard Personnel Center.   Documents designated for transfer from the performance or service fiche will be put on the restricted fiche, if authorized.  When discovered by the custodian or requested by the Soldier concerned, transfer restricted fiche documents mistakenly filed on the performance or service fiche to the restricted fiche. Unless approved by the Deputy Chief of Staff, Personnel or by the Human Resources Command Promotions Branch, this action does not justify standby or special selection board consideration. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served a period of active duty after which she was transferred to the IRR.  However, there is no evidence of record showing that she requested a subsequent assignment to a TPU, or that she was informed after the fact that such an assignment had been ordered.  Therefore, it was not reasonable to expect her to have reported for duty. 

2.  In view of the above the applicant’s request should be granted. 

BOARD VOTE:

___X____  ____X__  ___X____  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:

      a.  revoking and/or otherwise removing from her OMPF Orders 
C-07-923913, United States Army Reserve Personnel Command, dated 
29 July 1999;

	b.  revoking and/or otherwise removing from her OMPF Orders 
032-304, 90th Regional Support Command, dated 1 February 2000; and

	c.  reviewing her OMPF and updating all entries that are affected by this correction.






      __________X____________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001918



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508