RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 March 2006
DOCKET NUMBER: AR20060003324
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Luis Almodova | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. James B. Gunlicks | |Chairperson |
| |Ms. Susan A. Powers | |Member |
| |Mr. Richard G. Sayre | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that an erroneously published Good
Conduct Medal permanent orders and a revocation of these permanent orders
be removed from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that he is trying to "clean out" his
OMPF. He is preparing his file for the upcoming master sergeant promotion
selection board which is scheduled to convene in October. He was informed
that the Enlisted Records and Evaluation Center (EREC) does not have the
authority to remove correctly filed documents from the OMPF. He was
advised that to have these orders removed from his OMPF he must submit his
request to this Board.
3. The applicant provided a copy of Permanent Orders 069-54, published by
Detachment B, 510th Personnel Service Battalion, on 10 March 2002, and a
copy of Permanent Orders 300-02, published by Headquarters, 10th Division
Support Command, Fort Drum, New York, on 1 November 2002, in support of
his request.
CONSIDERATION OF EVIDENCE:
1. The evidence shows that the applicant is currently an active duty
Soldier who is assigned to the 10th Mountain Division, Fort Drum, New York.
2. The applicant was awarded the Good Conduct Medal (4th Award), by
Permanent Orders 084-53, Headquarters, 10th Mountain Division (Light
Infantry), Fort Drum, on 25 March 1999.
3. On 10 March 2002, the applicant was erroneously awarded the Good
Conduct Medal (4th Award), by Permanent Orders 069-54, published by
Detachment B, 510th Personnel Service Battalion. These permanent orders
duplicated an award that had already been made to the applicant on 25 March
1999.
4. When the duplication of award of the Good Conduct Medal (4th Award) to
the applicant was discovered, action was taken to revoke the duplicate set
of permanent orders. Permanent Orders 069-54, published by Detachment B,
510th Personnel Service Battalion, were revoked by Permanent Orders 300-02,
published by Headquarters, 10th Division Support Command, Fort Drum, New
York.
5. This actions described in the paragraph above were correct actions;
however, his OMPF now contains two permanent orders awarding him the Good
Conduct Medal (4th Award) as well as the revocation of the erroneously
issued permanent orders.
6. The applicant's motive for requesting removal of the erroneously
published permanent order and the revocation of these permanent orders is
to clear his file to make it easier for the promotion selection board to
review his files.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for removal of Permanent Orders 069-54 and
Permanent Orders 300-02 from his OMPF has merit.
2. The applicant was awarded the Good Conduct Medal (4th Award) on
25 March 1999.
3. A second set of permanent orders were published, again awarding the
applicant the Good Conduct Medal (4th Award), on 10 March 2002.
4. The second set of permanent orders was revoked and all three sets of
orders were filed in the applicant's OMPF in accordance with applicable
regulation.
5. Even though all three orders were filed correctly on the OMPF, in
accordance with applicable regulation, the result is that the applicant's
OMPF's appearance is not at its optimum. The applicant's desire to present
an uncluttered, correct OMPF for the master sergeant promotion selection
board to review when it convenes is a respectable motive; therefore, the
applicant is entitled to have the excess documents, permanent orders 069-54
and permanent orders 300-02 removed from his OMPF.
BOARD VOTE:
_RGS___ __SAP__ __JBG___ 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 permanent orders 069-54, dated 10 March 2002, and permanent orders
300-02, dated 1 November 2002, from the applicant's OMPF.
_____James B. Gunlicks__
CHAIRPERSON
INDEX
|CASE ID |AR20060003324 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060316 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 328 |134.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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