BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20100000030
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 his Official Military Personnel File (OMPF) be corrected by removing erroneous or duplicate orders for the second, third, and fourth awards of the Army Good Conduct Medal.
2. The applicant states he received the duplicate certificates from different units covering the same time periods.
3. To support his application he provides copies of Permanent Orders 263-388, dated 19 September 2000; Permanent Orders 264-393, dated 20 September 2000; and Permanent Orders 101-710, dated 11 April 2001.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 22 August 1989. He was awarded the military occupational specialty of food service specialist. He has served continuously through reenlistments and was promoted to pay grade E-6.
3. The applicant's OMPF in the interactive Personnel Electronic Records Management System (iPERMS) contains two different permanent orders for each of the second, third, and fourth awards of the Good Conduct Medal. Each of the three duplicate awards covers the same time period. Permanent Order Number:
a. 138-54, dated 27 November 1995 and 263-388, dated 19 September 2000 (2nd Award) cover the period 22 August 1992 to 21 August 1995;
b. 231-00030, dated 19 August 1998 and 264-393, dated 20 September 2000 (3rd Award) cover the period 22 August 1995 to 21 August 1998; and
c. 260-00031, dated 17 September 2001 and 101-710, dated 11 April 2001 (4th Award) cover the period 22 August 1998 to 21 August 2001.
4. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes what forms and documents are to be filed in the OMPF and where they are to be filed. It further provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's OMPF in IPERMS contain Permanent Orders 138-54 (2nd Award), Permanent Orders 231-00030 (3rd Award), and Permanent Orders
260-00031 (4th Award) for the period 22 August 1992 to 21 August 2001.
2. The publishing of Permanent Orders 263-388 (2nd Award), Permanent Orders 264-393 (3rd Award), and Permanent Orders 101-710 (4th Award) were administrative errors and hold no historical value in documenting the applicant's military career. As such, it is appropriate to revoke these orders, remove them from the applicant's OMPF, and not file the revocation orders in his OMPF.
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 Permanent Orders: 263-388, dated 19 September 2000;
264-393, dated 20 September 2000; and 101-710, dated 11 April 2001; and
b. removing Permanent Orders: 263-388; Permanent Orders 264-393; and Permanent Orders 101-710 from, and ensuring the revocation orders are not filed in, the applicant's OMPF.
_______ _ _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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