IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20120003886
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, the removal of the following permanent orders from his Official Military Personnel File (OMPF).
* Permanent Orders Number 340-915, dated 6 December 2011
* Permanent Orders Number 354-905, dated 20 December 2011
* Permanent Orders Number 354-906, dated 20 December 2011
2. The applicant states, in effect, that the above three orders were all issued in error or to revoke an order that has been corrected. Accordingly, he desires to have the incorrect orders removed from his OMPF. He also states that all attempts to have them removed have met with negative results.
3. The applicant provides a copy of the correct orders awarding him the Army Good Conduct Medal (AGCM) (3d Award) and copies of the orders he desires to be removed from his OMPF.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 January 2003 for a period of 4 years, training as health care specialist, airborne ranger training, and a cash enlistment bonus. He completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the rank/pay grade of sergeant first class (SFC)/E-7 on 1 April 2011.
2. On 6 December 2011, Permanent Orders Number 340-915 issued by Headquarters, U.S. Army North (Fifth Army) awarded the applicant the AGCM (3d Award) in the rank of sergeant (SGT) for the period 29 January 2008 to
28 January 2012.
3. On 20 December 2011, Permanent Orders Number 354-905 issued by Headquarters, U.S. Army North (Fifth Army) revoked Permanent Orders Number 340-915. The orders were revoked because they contained the incorrect rank and period of service.
4. On 20 December 2011, Permanent Orders Number 354-906 issued by Headquarters, U.S. Army North (Fifth Army) awarded the applicant the AGCM (3d Award), in the rank of SGT, for the period 14 January 2009 to 13 January 2012. These orders also reflected the wrong rank.
5. On 17 January 2012, Permanent Orders Number 017-903 issued by Headquarters, U.S. Army North (Fifth Army) awarded the applicant the AGCM (3d Award), in the rank of SFC, for the period 14 January 2009 to 13 January 2012. These orders reflect the correct rank and period of the award.
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) serves as the authority for the composition of the OMPF. It provides, in pertinent part, that documents will not be obliterated or moved from the performance fiche of the OMPF unless directed by an authority authorized to do so. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed unless directed by the following:
* Army Board for Correction of Military Records
* Department of the Army Suitability Evaluation Board
* Army Appeals Board
* Chief, Appeals and Corrections Branch, Human Resources Command
* The OMPF custodian when documents have been improperly filed
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the documents in question serve no purpose and should be removed from his OMPF has been noted and appears to have merit.
2. The orders serve no purpose other than to confuse the viewer of those records and clutter the applicants file.
3. Accordingly, it would be appropriate to remove the orders from his OMPF at this time.
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 the following Headquarters, U.S. Army North (Fifth Army) orders from the individuals OMPF:
* Permanent Orders Number 340-915, dated 6 December 2011
* Permanent Orders Number 354-905, dated 20 December 2011
* Permanent Orders Number 354-906, dated 20 December 2011
_______ _ 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) AR20120003886
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