IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20150002500
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 revocation orders, dated 17 April 2014, from the service folder of his Official Military Personnel File (OMPF).
2. The applicant states:
a. His OMPF contains revocation orders.
b. His promotion was administratively delayed due to an investigation that was later closed favorably. The verbiage on the revocation orders presents a negative light on his future career.
c. He was subsequently promoted to chief warrant officer three (CW3).
d. The revocation orders were added to his OMPF when he was flagged for a pending investigation.
3. The applicant provides a memorandum dated 26 June 2014.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 August 1999 and he was honorably discharged on 24 September 2007 to accept a commission or warrant in the Army. He was appointed as a warrant officer one on 25 September 2007. He was promoted to chief warrant officer two on 25 September 2009.
2. Headquarters, U.S. Army Human Resources Command, Order Number
100-141, dated 14 April 2014, promoted him to CW3 effective 1 May 2104.
3. Headquarters, U.S. Army Human Resources Command, Order Number
107-003, dated 17 April 2014, revoked Headquarters, U.S. Army Human Resources Command Order Number 100-141, dated 14 April 2014 pertaining to the applicant's promotion to CW3. The special instructions in these orders state the officer's promotion was administratively delayed based on an adverse flagging action.
4. The applicant provided a memorandum from the Commander, 1st Stryker Brigade Combat Team, 4th Infantry Division, dated 26 June 2014, which stated:
a. He requested removal of the applicant's Headquarters, Department of the Army flag.
b. The case was closed favorably after the applicant received his memorandum of concern.
c. The applicant would not receive a referred report and no further action would be taken against him.
5. Headquarters, U.S. Army Human Resources Command, Order Number
202-054, dated 21 July 2014, promoted him to CW3 effective 2 July 2014.
6. A review of the service folder of his OMPF in the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the revocation orders in question.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions. The regulation states revocation of orders will be filed in the service folder of the OMPF in iPERMS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record shows:
* he was promoted to CW3 effective 1 May 2014
* his CW3 promotion orders were revoked due to an adverse flagging action
* the revocation orders are filed in the service folder of his OMPF
* the flagging action was removed in June 2014
* he was promoted to CW3 effective 2 July 2014
2. Since the governing regulation states revocation orders will be filed in the service folder of the OMPF in iPERMS, there is no basis on which to remove the revocation orders from his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20150002500
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ABCMR Record of Proceedings (cont) AR20150002500
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