PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 June 2003
	DOCKET NUMBER:   AR2003085331

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Frank C Jones		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 Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 99-507 dated 9 April 1997, promoting him to Sergeant, E-5, be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that his OMPF has two E-5 orders on file.  He was given Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 105-504 dated 15 April 1997.  He provides both orders as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 1 July 1993.

5.  Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 99-507 dated 9 April 1997 promoted the applicant to Sergeant, E-5 effective 4 April 1997 with a date of rank of 4 April 1997.

6.  Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 105-504 dated 15 April 1997 also promoted the applicant to Sergeant, E-5 effective 4 April 1997 with a date of rank of 4 April 1997.

7.  Both of the orders promoting the applicant to Sergeant, E-5 are on file in his OMPF.

8.  The applicant was promoted to Staff Sergeant, E-6 on 1 August 1999.

CONCLUSIONS:

1.  The applicant was promoted to Sergeant, E-5 effective 4 April 1997 with a date of rank of 4 April 1997.  Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 105-504 dated 15 April 1997 is a duplicate of identical promotion orders published on 9 April 1997.

2.  The applicant is correct that only one set of orders should be on file in his OMPF.  However, despite the fact he was given the latter set of orders, the original set of orders is the set that should be on file.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by removing Headquarters, U. S. Army Field Artillery Center and Fort Sill Orders 105-504 dated 15 April 1997, promoting the applicant to Sergeant,   E-5, from his OMPF.

2.  That so much of the application as pertains to the request to remove U. S. Army Field Artillery Center and Fort Sill Orders 99-507 dated 9 April 1997 promoting the applicant to Sergeant, E-5 from his OMPF be denied.

BOARD VOTE:  

__mkp___  __reb___  __fcj  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson
		        CHAIRPERSON

INDEX

CASE ID	AR2003085331	
SUFFIX		
RECON		
DATE BOARDED	20030624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.