IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20100001171
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 a duplicate order awarding him the Army Achievement Medal from his official military personnel file (OMPF).
2. The applicant states his unit's awards clerk processed the first award and issued Permanent Orders 53-1 by the Phoenix Recruiting Battalion on 23 February 2009 awarding him the Army Achievement Medal and placing it in his OMPF prior to him taking leave. The awards clerk then processed a second award and issued Permanent Orders 149-1 on 29 May 2009 covering basically the same period of service with a slight difference in the through date awarding him the Army Achievement Medal and placing it in his OMPF. He and the awards clerk attempted to resolve the issue to remove the incorrect citation from his OMPF, but they were referred to this Board.
3. The applicant provides copies of the two certificates, dated 23 February 2009 and 29 May 2009, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army Soldier who enlisted on 2 September 2003 and holds military occupational specialty 13D (Field Artillery Automated Tactical Data Systems Specialist). He executed a 5-year reenlistment on 19 March 2006 and attained the rank of staff sergeant/E-6.
2. He was assigned to the Phoenix Recruiting Battalion from May 2007 through June 2009.
3. On 23 February 2009, the Phoenix Recruiting Battalion published Permanent Orders 53-1 awarding him the Army Achievement Medal for outstanding service from 10 June 2007 through 31 May 2009.
4. On 29 May 2009, the Phoenix Recruiting Battalion published Permanent Orders 149-1 awarding him the Army Achievement Medal for outstanding service from 10 June 2007 through 10 June 2009.
5. A telephonic conversation between the analyst of record and the Phoenix Recruiting Battalion S-1 on 5 May 2010 confirmed that he was issued duplicate awards for the same period of service.
6. On 6 May 2010, the Phoenix Recruiting Battalion published Permanent Orders 126-1 revoking Permanent Orders 53-1 that awarded him the Army Achievement Medal for outstanding service from 10 June 2007 through 31 May 2009.
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 (Composition of the OMPF) shows that award orders (includes badges, bars, tabs, and so forth) are filed in the performance portion of the OMPF. Paragraph 2-4 contains guidance on changing the OMPF. It indicates, in pertinent part, that the Army Board for Correction of Military Records may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.
DISCUSSION AND CONCLUSIONS:
1. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods, and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.
2. The existence of two sets of orders awarding him duplicate awards of the Army Achievement Medal for the same period of service in the performance section of his OMPF is a detractor that stands out as soon as his records are reviewed. Since the duplicate award was issued in error, the orders were subsequently revoked. There is no harm to the Army or to the Soldier if the duplicate orders awarding him the Army Achievement Medal and the revocation orders are removed from his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____X__ ____X___ ___X____ 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 Permanent Orders 53-1, dated 23 February 2009, and Permanent Orders 126-1, dated 6 May 2010, from 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.
ABCMR Record of Proceedings (cont) AR20100001171
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100001171
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