IN THE CASE OF:
BOARD DATE: 15 April 2010
DOCKET NUMBER: AR20100011955
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 following documents from his electronic Official Military Personnel File (OMPF), also known as Interactive Personnel Electronic Records Management System or iPERMS:
a. Permanent Order 163-5030, dated 12 June 2007, awarding him the Good Conduct Medal (2nd Award).
b. Orders 268-5002, dated 25 September 2007, revoking award of the Good Conduct Medal (2nd award).
2. The applicant states the Army Good Conduct Medal (2nd Award) orders were issued in error and were revoked.
3. The applicant provides a copy of Permanent Order 163-5030, dated 12 June 2007, awarding him the Good Conduct Medal (2nd Award), and a copy of Orders 268-5002, dated 25 September 2007, revoking award of the Good Conduct Medal (2nd Award) in support of his request.
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the U.S. Air Force, the applicant's records show he enlisted in the Regular Army (RA) on 26 April 2006 and holds military occupational specialty 92Y (Supply Specialist). His records also show he executed a 6-year reenlistment in the RA on 14 November 2007.
2. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, published two sets of orders that are currently filed on his iPERMS:
a. Permanent Orders 163-5030, dated 12 June 2007, awarding him the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity in military service from 26 April 2003 through 25 April 2006.
b. Orders 268-5002, dated 25 September 2007, revoking the above orders.
3. On 1 July 2009, Headquarters, 2nd Battalion, 3rd Special Forces Group (Airborne), Fort Bragg, NC, published Orders 182-11 awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in military service from 26 April 2006 through 25 April 2009.
4. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandates operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF/iPERMS. Table 2-1 of this regulation shows that award orders (including badges and tabs) are filed on the performance portion of the OMPF/iPERMS. Paragraph 2-4 contains guidance on changing the OMPF/iPERMS. 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/iPERMS in the interest of justice or equity.
DISCUSSION AND CONCLUSIONS:
1. The purpose of maintaining the OMPF/iPERMS is to protect the interests of both the U.S. Army and the Soldier and 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/iPERMS. Once placed in the OMPF/iPERMS, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF/iPERMS unless directed by an appropriate authority.
2. The evidence of record shows he was erroneously issued orders awarding a second award of the Army Good Conduct Medal and that the orders were revoked. Both orders are filed on his OMPF/iPERMS. There is no harm to the Army or to the Soldier if both orders are removed from his OMPF/iPERMS.
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 from his OMPF/iPERMS Permanent Order 163-5030, dated 12 June 2007, awarding him the Good Conduct Medal (2nd Award) and Orders 268-5002, dated 25 September 2007, revoking award of the Good Conduct Medal (2nd award).
________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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