IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080014513
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests removal of an erroneous enlistment contract from his Official Military Personnel File (OMPF).
2. The applicant states he is a Regular Army officer and that upon reviewing his OMPF, he discovered an enlistment contract that belongs to a different Soldier.
3. The applicant provides a copy of the enlistment contract in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army major who entered the Army as an enlisted Soldier on 22 November 1989 and was honorably discharged on 17 May 1995 and ordered to active duty as a commissioned officer in the Field Artillery (FA) Corps and subsequently attended the FA Basic Officer Course. He was promoted to captain on 1 June 1999 and major on 1 September 2005.
2. The applicant's OMPF contains a copy of a DD Form 4 (Enlistment/ Reenlistment Document-Armed Forces of the United States), dated 14 March 1991, with a different name, component, and social security number.
3. Chapter 2 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs the composition of the OMPF, and states in pertinent part that the performance section is used for filing performance, commendatory and disciplinary data. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board. Table 2-1 of Army Regulation 600-8-104 states in pertinent part that the DD Form 4 is filed in the service section of the Performance fiche on the OMPF.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant's OMPF contains an enlistment contract of another Soldier that is incorrectly filed on his OMPF. Therefore, the applicant is entitled to correction of his records to remove the erroneous document.
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 removing the DD Form 4, dated 14 March 1991, from his OMPF.
XXX
_______ _ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014513
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014513
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008630
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal/deletion of an Article 15 from the restricted folder of his official military personnel file (OMPF). Table 2-1 (Composition of the OMPF) of Army Regulation 600-8-104 shows that the DA Form 2627 is filed in either the performance or restricted section of the OMPF, as directed in Item 5 of the DA Form 2627.
ARMY | BCMR | CY2014 | 20140013126
The applicant requests reconsideration of his request to remove from his Official Military Personnel File (OMPF) a DA Form 4187 (Personnel Action) requesting separation based upon conscientious objection, dated 3 March 2004, and the allied documents, including documents related to the original decision made by the Army Board for Correction of Military Records (ABCMR). The applicant states the ABCMR concluded that the conscientious objection application was properly filed in the service...
ARMY | BCMR | CY2011 | 20110000051
The applicant requests that general officer memoranda of reprimand (GOMORs), dated 9 April 1997 and 15 March 2005, be removed from the restricted section of his official military personnel file (OMPF). Reaching his 18th year of service and fourth selection passover, he suspects that the reprimands are keeping him from being selected. Given the above and the fact the GOMORs were properly filed on his OMPF, and subsequently transferred to the restricted section of his OMPF as directed by the...
ARMY | BCMR | CY2010 | 20100007772
The applicant requests immediate removal of a Department of the Army Suitability Evaluation Board (DASEB) memorandum, dated 25 November 2008; a general officer memorandum of reprimand (GOMOR), dated 9 June 1998; officer evaluation reports (OER's) for the periods 1 October 1997 through 9 June 1998 and 10 June 1999 through 21 February 2000; and all related documents from her official military personnel file (OMPF). The applicant states: * in 2009 the issuing authority (now retired Major...
ARMY | BCMR | CY2015 | 20150003002
A DA Form 7249-R (Annex A, Certificate and Acknowledgement of Service Requirements of Fulfillment for Individuals Enlisting or Transferring into Troop Program Units (TPU) of the Army National Guard/USAR upon REFRAD/Discharge from Active Army Service) shows the applicant: a. Initialed the block indicating "Transfer to a Troop Program Unit of the U.S. Army Reserve." Instead, they put him out as an unsatisfactory participant. The evidence shows reassignment orders for unsatisfactory...
ARMY | BCMR | CY2003 | 03099589C070212
The applicant requests that the erroneous National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), currently in his OMPF (Official Military Personnel File), be replaced by the correct form which was published by the Mississippi National Guard. However, the original NGB Form 22 was filed in his OMPF. The NGB Form 22, contained in the applicant’s OMPF, indicates that he was honorably discharged from the Army National Guard on 9 May 1996 to accept appointment as a...
ARMY | BCMR | CY2009 | 20090000671
The applicant requests removal of a three different sets of orders awarding him the Parachutist Badge from his Official Military Personnel File (OMPF). The applicant provides, in support of his request, copies of Permanent Orders 225-240 and 225-241, dated 12 August 1996; and Permanent Orders 232-245, dated 19 August 1996, all issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia. The applicant's OMPF includes a copy of Permanent Orders 225-240 and 225-241, dated 12...
ARMY | BCMR | CY2009 | 20090003496
The applicant requests, in effect, that his DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 20 August 1984 and 14 May 1991, be removed from his official military personnel file (OMPF). Subsequently, the applicant elected not to appeal punishment and the imposing commander directed the DA Form 2627 be filed in the restricted portion of the applicant's OMPF. The evidence of record confirms that there are two 20 August 1984 DA Forms 2627...
ARMY | BCMR | CY2007 | 20070005697
The applicant requests, in effect, that his award certificate for the Bronze Star Medal, dated 26 November 2005, for the period 2 February 2005 to 30 September 2005, be removed from his Official Military Personnel File (OMPF). The evidence shows that the applicant was awarded the Bronze Star Medal on two occasions by two different commanders for the same deployment which occurred by his transferring from one squadron to another. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2009 | 20090000414
The applicant requests removal of a duplicate order for award of the Good Conduct Medal (2nd Award) from his Official Military Personnel File (OMPF). On 12 December 2008, Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, published Permanent Order 347-001, revoking Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum on 29 April 1997, that awarded the applicant the Good Conduct Medal (2nd Award) for his...