PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           11 March 1999                  
	DOCKET NUMBER:   AC98-10559
                                              AR1998014479

	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. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
             	       records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the orders revoking the award of the Army Achievement Medal (AAM) be removed from his official military personnel file (OMPF).

3.  The applicant states that his supervisor recommended him for award of the AAM.  The recommendation was processed through the chain of command and approved.  However, his first sergeant was not available at the time, and upon his return, had the award order revoked.

4.  The applicant’s military records show that he enlisted in the Army on 26 November 1991 for 2 years and 22 weeks.  He completed his initial training and was assigned to duty as a unit supply specialist (76Y).  He has reenlisted twice and attained the rank of staff sergeant on 1 July 1996.  The applicant was still on active duty at the time of his application.

5.  In the processing of this case, the staff of the Board obtained an advisory opinion from the United States Total Army Personnel Command, Military Awards Branch.  That office determined that Permanent Orders 164-31, dated 26 August 1994, awarding the AAM to the applicant was revoked in Permanent Orders 186-31, dated 30 September 1994, prior to the award being presented to the applicant.  It opined that since an award may be revoked prior to presentation, the revocation orders should be removed from the applicant’s OMPF.  However, since permanent orders are no longer issued for awards such as the AAM, there are no administrative provisions for removing from the OMPF orders which have been amended or revoked.  It recommended that this Board direct, as an exception to policy, the Commander, United States Enlisted Records Center (USAEREC), to obliterate frame D-6 (Permanent Orders 186-31, dated 30 September 1994) from the Commendatory Data Section of the applicant’s OMPF, and furnish him  with a copy of the updated OMPF microfiche.

6.  The staff of the Board notified the applicant by letter on 30 December 1998 of the above mentioned advisory opinion.  As of this date, no response has been received from the applicant.

CONCLUSIONS:

1.  The applicant was never presented with the AAM awarded by Permanent Orders 164-31, dated 26 August 1994, nor were those orders filed in his OMPF.  Therefore, Permanent Orders 186-31, dated 30 September 1994, revoking that AAM should not be filed in his OMPF.

2.  Consequently, Permanent Orders 186-31, dated 30 September 1994 revoking the award of the AAM should be removed from his OMPF, as an exception to policy.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case, particularly the microfiche OMPF of the individual concerned, be corrected by obliterating frame D-6 which contains Permanent Orders 186-31, dated 30 September 1994, from the Commendatory Data Section, as an exception to policy,

2.  That following the administrative correction mentioned above, the individual concerned be furnished a copy of his corrected OMPF microfiche.

BOARD VOTE:  

________  ________ ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-10559/AR1998014479	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	11 March 1999	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.