BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20120003298 


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 or deletion of the two erroneous antedated reenlistment contracts filed in his Official Military Personnel File (OMPM) on the interactive Personnel Electronic Management System (iPERMS) and replaced with the correct antedated contract that was signed on 10 January 2012.

2.  The applicant states approval was granted to issue an antedated reenlistment contract and mistakes were made on the two contracts that are presently reflected on his iPERMS record that authorized him to reenlist on 30 September 2010 for a period of 6 years.  Accordingly, a new antedated contract was authorized on 21 October 2011 and signed on 10 January 2012.

3.  The applicant provides a copy of the new antedated contract and the approval memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in Hanau, Germany on 2 January 2003 for a period of 3 years, training as an infantryman, and a cash enlistment bonus.  He completed his training and he was transferred to Fort Lewis, WA.  He served in Kuwait/Iraq from 14 October 2004 to 1 October 2005 and on 1 April 2006 he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 3 years and 3 months of active service and was transferred to the United States Army Reserve (USAR) for the remainder of his statutory service obligation.
2.  The applicant’s OMPF contains two reenlistment contracts showing he reenlisted in the USAR on 30 September 2010 for a period of 6 years, training as a petroleum storage specialist, and a $10,000.00 reenlistment bonus.  One of the contracts contains 20 pages and the other contract contains 7 pages.

3.  The current antedated contract provided by the applicant shows it was approved on 21 October 2011 and signed on 10 January 2012.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) serves as the authority for the composition of the OMPF.  It provides, in pertinent part, that documents will not be obliterated or moved from the performance fiche of the OMPF unless directed by an authority authorized to do so.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed unless directed by the following:

* Army Board for Correction of Military Records
* Department of the Army Suitability Evaluation Board 
* Army Appeals Board
* Chief, Appeals and Corrections Branch, Human Resources Command
* The OMPF custodian when documents have been improperly filed

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the documents in question serve no purpose and should be removed from his OMPF has been noted and appears to have merit.

2.  The two reenlistment contracts contained on his OMPF have been superseded by a corrected antedated contract and serve no purpose other than to confuse the viewer of those records and clutter the applicant’s file.

3.  Accordingly, it would be appropriate to remove the two erroneous contracts from his OMPF and replace them with the correct antedated contract that was signed on 10 January 2012.

4.  In view of the foregoing, the applicant's record should be corrected as recommended below.


BOARD VOTE:

___x__  ___x_____  ____x____  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 deleting from his iPERMS record the two erroneous antedated reenlistment contracts dated 30 September 2010 and replacing them with the correct antedated contract that was signed on 10 January 2012.



      _________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)                                         AR20120003298



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ABCMR Record of Proceedings (cont)                                         AR20120003298



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