PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                21 May 2002
	DOCKET NUMBER:       AR2002067371

	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	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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 Orders Number C-103-179, which promoted him to the rank of sergeant (SGT)/pay grade E-5 effective 18 April 1991 (sic), be removed from his Official Military Personnel Files (OMPF).  He also requests that Orders Number 102-171, dated 7 June 1991, which revoked his promotion to SGT/pay grade E-5, be removed from his records.

3.  The applicant states that he was promoted then he was informed that the Total Army Personnel Command (PERSCOM) made an error to the promotion cut-off scores.  He feels that when his records will be reviewed for the upcoming E-7 board, the reviewers will see these two documents, and think he was demoted due to performance issues or other problems.  In support of his application, he submits a copy of Military Personnel (MILPER) Message Number 91-168; 149th Personnel Service Company Orders Number C-103-179, dated 18 April 1990; 15th Personnel Service Company Orders Number C-102-171, dated 7 June 1991; 546th Personnel Service Company Orders Number 163-16, dated 26 August 1992; and U.S. Army Signal Center and Fort Gordon Orders Number 302-801, dated 29 October 1999. 

4.  The applicant’s military records show that he enlisted in the Regular Army on 16 October 1986 and completed training as a medical specialist in military occupational specialty (MOS) 91A.  He has continued to serve on active duty through a series of reenlistments.  The applicant is currently assigned to the 102nd Signal Battalion in the rank of staff sergeant.

5.  Department of the Army, 149th Personnel Service Company, 3rd Personnel Group, published Orders Number C-103-179, dated 18 April 1990, which promoted the applicant to SGT effective 1 May 1991.  These orders were placed on the applicant's Performance Fiche of his OMPF.

6.  The applicant provided a copy of MILPER Message Number 91-168, which amended the promotion point cut-off scores for 1 May 1991, in MOS 91A.  As a result, the 15th Personnel Service Company, 3rd Personnel Group, published Orders Number C-102-171, dated 7 June 1991, which revoked the applicant's promotion to SGT.  These orders were placed on the applicant's Performance Fiche of his OMPF.

7.  Orders published by the 546th Personnel Service Company, 3rd Personnel Group, subsequently promoted the applicant to SGT with a date of rank and effective date of 1 September 1992.

8.  The applicant was promoted to staff sergeant effective 1 November 1999.

9.  In the processing of this case, a staff advisory opinion was obtained from the Chief of the Personnel Actions Branch, U.S. Army Enlisted Records and Evaluation Center.  The opinion states that, although the promotion boards do not see the portion of the OMPF where the promotion orders are filed, it appears that the applicant's promotion to SGT and subsequent revocation to his promotion were of no fault by the soldier.  This office recommended that the applicant's records be corrected by removing Orders C-103-179 and 
Orders C-102-171 from his OMPF.

10.  On 28 February 2002, the opinion was forwarded to the applicant for comments; but as of 14 May 2002, he had not responded.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by:  the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

CONCLUSIONS:

1.  Records show that Orders C-103-179, dated 18 April 1990, promoted the applicant to SGT effective 1 May 1991.

2.  PERSCOM released MILPER Message Number 91-168 which amended the promotion point cut-off scores for 1 May 1991.  

3.  Records show that Orders Number C-102-171, dated 7 June 1991, revoked the applicant's promotion to SGT.

4.  The applicant was subsequently promoted to SGT effective 1 September 1992.

5.  Through no fault of the applicant, Orders C-103-179, dated 18 April 1990 and Orders Number C-102-171, dated 7 June 1991, were placed in his OMPF.

6.  Based on the foregoing, the Board finds that, as a matter of equity, the applicant's records should be corrected by removing Orders C-103-179, dated 18 April 1990 and Orders C-102-171, dated 7 June 1991, from his OMPF.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by removing Orders C-103-179, dated 18 April 1990, from the OMPF of the individual concerned; and

	b.  by removing Orders C-102-171, dated 7 June 1991, from his OMPF.

BOARD VOTE:  

JLP______  BJE_____  TL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067371	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020521	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	123.0700	
2.		
3.		
4.		
5.		
6.