BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20160013208 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 BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20160013208 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 from the interactive Personnel Electronic Records Management System and the Human Resources Command – Intergraded Web Services Soldier Management System Order Number 256-032 and any mention or discussion of the Air Medal with "V" Device. In addition, this record of proceedings and its associated evidence and application should not be filed in the applicant’s iPERMS record. A copy will be maintained by the staff of the ABCMR. __________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. BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20160013208 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 from the interactive Personnel Electronic Records Management System (iPERMS) and the Human Resources Command – Intergraded Web Services Soldier Management System (HRC – IWS/SMS) a copy of an order awarding the Air Medal with "V" Device to a different Soldier. 2. The applicant states the action awarding the Air Medal took place on 21 June 2005 in Afghanistan. At the time he was in Carson City, Nevada. His middle name begins with the letter "E" not the letter "R" as shown on the award certificate. He did not earn the Air Medal with "V" Device; however, the certificate was added to his records. The award order/certificate is incorrectly filed in his record. 3. The applicant provides no additional evidence. 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 Army Board for Correction of Military Records (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 (RA) on 6 July 2005. He completed training as a cargo specialist. He is currently a member of the RA. 3. A review of iPERMS reveals a certificate, which shows a Soldier with the same first and last name as the applicant was awarded the Air Medal with "V" Device in Orders Number 256-032, for gallantry in action while serving as a member of Operation Enduring Freedom on 21 June 2005. The middle initial on the certificate is "R" and the applicant's middle initial is "E." The order contains a social security number ending in 6365. The applicant’s social security number ends in 3964. REFERENCES: Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System. Chapter 2 contains guidance on the Official Military Personnel File (OMPF) and paragraph 2-4 identifies what agencies have the authority to direct removal of documents from the OMPF. The ABMCR has jurisdiction to direct the removal of documents. DISCUSSION: The applicant’s record contains Order Number 256-032 pertaining to another Soldier. The awardee was cited in orders for heroism in flight on 21 June 2005. The applicant entered active duty on 6 July 2005. The available evidence suggests a filing error was made at some point. As a document was misfiled, it would be appropriate to remove it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2