IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110020567
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 correction of his military records by removing from his official military personnel file (OMPF) the following two orders for the Army Good Conduct Medal (AGCM):
* Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005
* Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated 23 March 2006
2. The applicant states Permanent Orders 140-14, 82nd Paratrooper Support Detachment, dated 20 May 2005 correctly awarded him the AGCM. Therefore, the above two orders that are filed in his OMPF should be removed.
3. The applicant provides copies of:
* Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005
* Permanent Orders 140-14, 82nd Paratrooper Support Detachment, dated 20 May 2005
* Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated
23 March 2006
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. At the time the applicant submitted this application he was serving as a
1st lieutenant, pay grade O-2, U.S. Army Reserve.
3. Records show the applicant enlisted in the Regular Army on 23 April 2002. He completed his initial training and was awarded military occupational specialty 96B (Intelligence Analyst).
4. A review of the applicant's OMPF revealed the following orders:
* Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005, 1st Award of the AGCM - 23 April 2002 to
22 April 2005
* Permanent Orders 140-14, 82nd Paratrooper Support Detachment, dated 20 May 2005, 1st Award of the AGCM - 23 April 2002 to 22 April 2205
* Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated 23 March 2006, 2nd Award AGCM - 22 April 2002 to 21 April 2005
5. On 22 April 2006, the applicant was honorably released from active duty. He had completed 4 years of creditable active service.
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.
a. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by one or more of the following:
* Army Board for Correction of Military Records (ABCMR)
* Department of the Army Suitability Evaluation Board (DASEB)
* Army Appeal Boards
* Chief, Appeals and Corrections Branch, Human Resources Command (HRC)
* OMPF custodian when documents have been improperly filed
* Commander, HRC, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by removing the following AGCM orders from his OMPF:
* Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005
* Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated 23 March 2006
2. The evidence of record clearly shows that there are three different orders currently filed in the applicant's OMPF awarding him the AGCM for essentially the same period of service. Accordingly, it would be appropriate to revoke and remove the two orders identified in paragraph 1 above. Furthermore, the revocation orders should not be filed in the applicant's OMPF.
BOARD VOTE:
____X___ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 revoking the following orders:
* Permanent Orders 049-061, 82nd Paratrooper Support Detachment, dated 18 February 2005
* Orders Number 082-005, 3rd Battalion, 21st Infantry Regiment, dated 23 March 2006
2. Furthermore, the revocation orders are not to be 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.
ABCMR Record of Proceedings (cont) AR20110020567
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ABCMR Record of Proceedings (cont) AR20110020567
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