BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090007708
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 the duplicate award certificates, dated
15 April 2004, 22 July 2001, and 3 March 1998 from her official military personnel file (OMPF). She also requests removal of one of her transcripts from Wayland Baptist University from her OMPF.
2. The applicant states her current military records have duplicate certificates under the award/orders which will have an effect on her upcoming promotion board.
3. The applicant provides, in support of her application, copies of award certificates for the Army Commendation Medal, Meritorious Service Medal, and the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a master sergeant (MSG)/pay grade E-8 serving on active duty.
2. In view of the fact that the applicant is currently on active duty, she must first submit a request to the U.S. Army Human Resources Command, Indianapolis, IN to remove the duplicate award certificates from her record. She must submit her request to Commander, Human Resources Command (HRC), 8899 E. 56th Street, Indianapolis, Indiana 46249-5301. Paragraph 2-5, Section II, Army
Regulation 15-185, the regulation under which this Board operates, states that
the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available. There is no evidence that the applicant has previously submitted a request to remove the duplicate certificates to HRC Indianapolis. Therefore, the issue of duplicate award certificates will not be discussed further in these Proceedings.
3. Transcripts from Wayland Baptist University, Plainview, TX, printed on
4 December 2003, were added to the applicant's OMPF maintained in iPERMS (integrated Personnel Electronic Records Management System) on 14 December 2003. These transcripts do not show the applicant had received a degree.
4. Transcripts from Wayland Baptist University, printed on 6 May 2004, were added to the applicant's OMPF maintained in iPERMS on 17 May 2004. These transcripts show the applicant completed additional classes in the winter of 2004
(12 January 2004 to 24 March 2004). These transcripts also show she received a Bachelor's Degree in Business Administration on 3 April 2004.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, Military Personnel Records Jacket, Career Management Individual File, and the 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 it 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.
6. Army Regulation 600-8-104 provides, in Table 2-1, that for enlisted personnel, all transcripts will be filed in the Commendatory and Disciplinary portion of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. At the time the transcripts were printed on 4 December 2003 the applicant had not completed the requirements to receive her degree. Therefore, these transcripts were accurate and reflected her progress toward her degree at the time they were filed in her OMPF.
2. The transcripts printed on 6 May 2004 show the applicant completed additional courses and then received her degree. These transcripts were also accurate and reflected her education status at the time they were filed in her
OMPF. However, this does not constitute an error in the previously printed transcripts.
3. Both transcripts were filed in accordance with Army Regulation 600-8-104.
There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with both transcripts filed in her OMPF.
4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now only record the degree-producing transcript in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
5. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the two transcripts recorded in her military record and to satisfy her desire to have the non degree-producing transcript removed from her OMPF.
6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x_____ ____x__ 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.
____________x____________
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.
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