BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20140006012
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 a partial memorandum, dated 17 July 2003, from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) in the interactive Personnel Electronic Records Management System (iPERMS).
2. The applicant states that this partial memorandum pertaining to his unit's entitlement to the Army Superior Unit Award (ASUA), dated 17 July 2003, is incomplete because it is missing an official signature block and order number. His AMHRR also contains Department of the Army General Orders (DAGO) Number 9, dated 18 November 2005, which officially document his unit's entitlement to the ASUA. Therefore, the partial memorandum is not required because it duplicates the intent of the DAGO and can be removed.
3. The applicant provides:
* a partial memorandum, dated 17 July 2003
* DAGO Number 9, dated 18 November 2005
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. Having prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army with concurrent call to active duty and executed an oath of office on 28 February 2007.
3. He served in a variety of stateside and overseas assignments, he was promoted to chief warrant officer three, and he is currently serving at Fort Lee, VA.
4. His AMHRR contains a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) rendered for the period May 2001 through April 2002. In part, this document shows the applicant was assigned to 5th Quartermaster Company (Airdrop Support) during the rated period.
5. His AMHRR contains and he also provides:
a. the first page of a U.S. Total Army Personnel Command, Alexandria, VA, memorandum, Subject: Army Superior Unit Award (ASUA), dated 17 July 2003, which shows a detachment from the applicant's unit was assigned or attached to Headquarters and Headquarters Company, 21st Support Command during the period 21 May 2001 to 22 May 2002, and is therefore entitled to the ASUA. This document is void of a signature, signature block, and an official order number.
b. DAGO Number 9, dated 18 November 2005, which shows a detachment from the applicant's unit was assigned or attached to Headquarters and Headquarters Company, 21st Support Command during the period 21 May 2001 to 22 May 2002, and is therefore entitled to the ASUA. This three-page document is a properly constituted DAGO that was issued by order of the Secretary of the Army and signed by the Administrative Assistant to the Secretary of the Army.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. The Army Military Human Resource Records Management Program is an essential military personnel information management program responsible for the archiving and storage of data, information, and documents authorized for filing in the AMHRR. Personnel information and documents that comprise the AMHRR are processed into iPERMS for storage and future use.
DISCUSSION AND CONCLUSIONS:
1. The purpose of maintaining the AMHRR is to protect the interests of both the U.S. Army and the Soldier. In this regard, the AMHRR 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 AMHRR. Once filed, the document becomes a permanent part of that file and will not be removed from or moved to another folder unless directed by an appropriate authority.
2. The partial memorandum, dated 17 July 2003, appears to have been filed in the applicant's AMHRR as a placeholder pending the final approval and publishing of the DAGO announcing award of the ASUA. In view of the fact that this document is incomplete and was superseded by the DAGO, it serves no purpose. The existence of these two documents is a detractor that stands out when his records are reviewed and may give the appearance that he is neglecting to review his official records. Therefore, the partial memorandum, dated 17 July 2003, should be removed from his AMHRR. Further, extra measures should be taken to ensure the two documents that he provides with his application are not filed in his AMHRR.
BOARD VOTE:
___X_____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 partial memorandum, Subject: Army Superior Unit Award (ASUA), dated 17 July 2003, from his AMHRR.
_______ _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) AR20140006012
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