IN THE CASE OF: BOARD DATE: 23 July 2015 DOCKET NUMBER: AR20140021453 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 of Virginia Army National Guard (VAARNG) Orders Number 097-035, dated 7 April 2010, from his Official Military Personnel File (OMPF). 2. The applicant states that in the Consideration of Evidence of his previous Record of Proceedings, the Army Board for Corrections of Military Records (ABCMR) considered the unpublished orders that reduced him in grade from E-8 to E-7 with a date of rank (DOR) of 1 May 2002. These orders were never distributed through proper channels or provided to him and his pay record reflects that the orders were never processed by the Defense Finance and Accounting Service (DFAS). His pay grade was never changed through DFAS and it was only changed at the time of his retirement. It appears the only place the orders were distributed was to his OMPF. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the applicant's previous case, as promulgated in ABCMR Docket Number AR20140004208 on 3 December 2014, wherein the applicant requested correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as master sergeant (MSG)/E-8 instead of sergeant first class (SFC)/E-7. In that case, the VAARNG orders that form the basis for this new request were cited as evidence. 2. In the previous Record of Proceedings, it was noted that: a. Having had prior service, the applicant enlisted in the VAARNG on 8 July 1997. b. He was promoted to the rank/grade of SFC/E-7 on 1 May 2002. c. He was administratively reduced in rank/grade from first sergeant (1SG)/ E-8 to SFC/E-7, by VAARNG Orders Number 265-048, effective 25 September 2006. d. He was promoted in rank/grade to MSG/E-8, by VAARNG Orders Number 358-014, effective 19 December 2008. e. He entered active duty on 6 October 2008 and served in Kuwait/Iraq from 8 December 2008 to 8 September 2009. He was released from active duty in the rank/grade of MSG/E-8 on 20 October 2009. f. He reentered active duty in an Active Guard Reserve status on 21 October 2009. g. He was laterally appointed in grade from MSG to 1SG on an unknown date. h. He was laterally appointed in grade from 1SG to MSG by VAARNG Orders Number 091-005, effective 1 April 2010. i. He was administratively reduced in rank/grade from MSG/E-8 to SFC/E-7, by VAARNG Orders Number 097-035, published by the VAARNG on 7 April 2010, effective 1 April 2010 with a DOR of 1 May 2002. j. He retired on 31 July 2013 in the rank/grade of SFC/E-7. 3. VAARNG Orders Number 097-035, dated 7 April 2010, are currently filed in the service folder of the applicant's Official Military Personnel File (OMPF) located in his Interactive Personnel Electronic Records (iPERMS) records. 4. There is no evidence in the applicant's OMPF that indicates VAARNG Orders Number 097-035, dated 7 April 2010, are erroneous, were published in error, or were revoked after the date of publication. 5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records), in effect at the time, provided the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 (Composition of the OMPF) provides that promotion or reduction orders are to be filed in the service folder of the OMPF. 6. Army Regulation 600-8-104 also provides that once a document is placed in the OMPF, it becomes a permanent part of that file. It is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the orders reducing him from MSG to SFC should be removed from his OMPF because they were not properly distributed through channels or provided to him, and his pay record reflects these orders were never processed by DFAS. 2. The evidence shows he was reduced from the rank and grade of MSG/E-8 to SFC/E-7 by VAARNG Orders Number 097-035, dated 7 April 2010. The evidence also shows he was retired in the rank and grade of SFC/E-7 on 31 July 2013. 3. There is no evidence in his OMPF, and he failed to provide any evidence that indicates the orders in question are erroneous, were published in error, or were revoked after the date of publication. As a result, he has failed to establish a material error in his record and there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20140021453 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140021453 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1