IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20110001597 


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 the following duplicate documents from his official military personnel file (OMPF):

* Permanent Orders 262-320, dated 18 September 1996, awarding him the Parachutist Badge
* Permanent Orders 274-061, dated 01 October 1999, awarding him the Army Good Conduct Medal (1st Award)

2.  He states that there are two sets of orders for both the Parachutist Badge and Army Good Conduct Medal in his OMPF.  Because the order numbers are different, he was advised by the Human Resources Command that this issue could only be resolved by the Army Review Board Agency.  He attended airborne School in September 1996 and broke his foot prior to completion.  However, he was awarded the airborne qualification anyway.  He returned to complete Airborne School in March 1997 and successfully graduated.  He was again awarded the Parachutist Badge.  He is requesting the first set of orders, dated 18 September 1996, be removed from his OMPF.  

3.  He also states that he received two separate orders for the Army Good Conduct Medal (1st Award).  Upon completion of the Officer Candidate School (OCS) he was awarded the Army Good Conduct Medal for his enlisted service.  He was not aware of this award and therefore sought the award through his chain of command after he arrived at his first duty station as a second lieutenant. He was awarded the Army Good Conduct Medal in October 1999 and later discovered during a review of his OMPF that he had already been given the award prior to his OCS commissioning.  He would like to have the second award of the Army Good Conduct Medal, dated October 1999, removed from his OMPF.

4.  He provides:

* Permanent Orders Number 262-320, Parachutist Badge
* Permanent Orders 072-20, Parachutist Badge
* Permanent Orders 265-402, Good Conduct Medal (1st Award)
* Orders 274-061, Army Good Conduct Medal (1st Award) 

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 applicant’s 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 applicant’s 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 that he enlisted in the Regular Army in pay grade E-4 on 28 May 1996 and held military occupational specialty 11B (Infantryman).

3.  His military records located on the integrated Personnel Electronic Records Management System (IPERMS) contains a copy of Permanent Orders 262-320, dated 18 September 1996, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, awarding him the Parachutist Badge for successful completion of airborne training on 27 September 1996.

4.  He completed basic airborne training in March 1997.  

5.  His records also contains a copy of Permanent Orders 072-20, dated 13 March 1997, issued by the same command, awarding him the Parachutist Badge for successful completion of airborne training on 13 March 1997.



6.  His records further contains a copy of Permanent Orders 265-402, dated 22 September 1997, issued by the same command, awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1996 through 25 September 1997.

7.  He was honorably discharged from active duty in pay grade E-6 on 25 September 1997 to accept a commission in the Army.

8.  He was commissioned in the Regular Army as a second lieutenant on 25 September 1997.

9.  His records also contains a copy of Permanent Orders 274-061, dated 1 October 1999, issued by the 55th Personnel Services Battalion, awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1996 through on or about 24 September 1997.

10.  He is currently serving on active duty in the rank of major.

11.  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 ABCMR or the OMPF custodian when documents have been improperly filed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows orders were initially published on 18 September 1996 awarding the applicant the Parachutist Badge for successfully completion of airborne training on 27 September 1996.  He completed airborne training on 13 March 1997.  Orders were again issued in March 1997 for award of the Parachutist Badge.  His OMPF contains both orders.

2.  The evidence of record also shows orders were initially published on 22 September 1997 awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1996 to 25 September 1997.  Orders were again issued in October 1999 for award of the Army Good Conduct Medal (1st Award) for the same period of service.  His OMPF contains both orders.

3.  In view of the circumstances in this case, the applicant is entitled to have Permanent Orders 262-320, dated 18 September 1996 and Permanent Orders 274-061, dated 1 October 1999, revoked and removed from his OMPF.

4.  Based on the foregoing, his 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 262-320, dated 18 September 1996 and Permanent Orders 274-061, dated 1 October 1999, 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.



ABCMR Record of Proceedings (cont)                                         AR20110001597





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001597



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1