IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160007757 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160007757 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 removing Permanent Orders 121-03, issued by U.S. Army Human Resources Command on 1 May 2013, from his official military personnel file. ___________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. IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160007757 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 the removal of Permanent Orders 121-03, issued by the U.S. Army Human Resources Command (HRC) on 1 May 2013, from his official military personnel file (OMPF). 2. The applicant states, in effect, the Meritorious Unit Commendation (MUC) orders in his OMPF were issued to him erroneously. He was not associated with any of the units cited in the orders, so the MUC orders should not be in his record. He is not sure how the award orders ended up being in his record; however, after seeing them in his record, he requested the issued be resolved through his personnel office (S-1). They attempted to get it resolved but were redirected to the Army Board for Correction of Military Records (ABCMR). 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 10 February 2005. He is currently serving in the Regular Army as a staff sergeant (SSG). 3. Permanent Orders 121-03, issued by HRC on 1 May 2013, awarded the MUC to various units for exceptionally meritorious service during the period 10 April 2012 through 7 January 2013. During this period, the applicant was assigned to Battery C, 5th Battalion, 5th Air Defense Artillery Regiment, Joint Base Lewis-McChord, WA, which is not one of the units listed in the orders. 4. The applicant's record is void of evidence that shows he was assigned or attached to any of the units referenced in the subject permanent orders. REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management) prescribes the Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR which includes, but is not limited to, the OMPF. Paragraph 3-6 of this regulation states that once a document is filed in the OMPF, the document will not be removed from the record unless directed by proper authorities listed in the regulation such as the ABCMR. Table 3-1 (OMPF folders in the AMHRR) of this regulation shows that commendatory items are to be filed in the performance folder of the OMPF. DISCUSSION: The evidence of record clearly shows the applicant was not assigned to any of the units referenced in the subject permanent orders. It appears that an administrative error occurred when the MUC order was entered into his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2