IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20100010285
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, in effect, removal of Headquarters, Defense Language Institute Foreign Language Center, Presidio of Monterey, CA, Permanent Orders 335-7, dated 30 November 2000, awarding the Good Conduct Medal (1st Award), from his official military personnel file (OMPF).
2. The applicant states that he was issued duplicate orders on 25 October 2000 and 30 November 2000 by the same command for award of the Army Good Conduct Medal (1st Award) for the same period of service from 28 May 1997 to 27 May 2000. He also states that he has exhausted all resources to fix this issue and wants to present a correct OMPF as well as other military records for the promotion board under which he is again being considered for promotion to sergeant first class.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army in pay grade E-3 on 28 May 1997, with prior enlisted service in the U.S. Army Reserve. He is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6.
2. The applicant's military records located on the integrated Personnel Electronic Records Management System (iPERMS) contains a copy of Permanent Orders 299-6, dated 25 October 2000, awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1997 to 27 May 2000.
3. The applicant's iPERMS records also contains a copy of Permanent Orders 335-7, dated 30 November 2000, awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1997 to 27 May 2000.
4. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policy and procedures for maintenance of a Soldier's personal information. Paragraph 2-4a states that once placed in the OMPF, a document becomes a permanent part of that file. The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for Correction of Military Records or the OMPF custodian when documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 28 May 1997 to 27 May 2000 under Permanent Orders 299-6, dated 25 October 2000. His OMPF also contains Permanent Order 335-7, dated 30 November 2000, again awarding him the Army Good Conduct Medal (1st Award) for the same period of service.
2. In view of the circumstances in this case, the applicant is entitled to have Permanent Orders 335-7, dated 30 November 2000, revoked and removed from his OMPF.
3. Based on the foregoing, the applicants records should be corrected as recommended 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 and removing Permanent Orders 335-7, dated 30 November 2000, from the applicant's OMPF; and
b. ensuring the orders revoking the duplicate orders are not filed in his 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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