IN THE CASE OF: BOARD DATE: 12 October 2022 DOCKET NUMBER: AR20220001846 APPLICANT REQUESTS: removal of Headquarters, U.S. Army Garrison, Fort Bliss, TX, North Atlantic Treaty Organization (NATO) Travel Order Number BL-299-0304 (N), 26 October 2017, from his Interactive Personnel Electronic Records Management System (iPERMS) Official Military Personnel File (OMPF). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * 919th Contracting Battalion, Mission and Installation Contracting Command, Memorandum for Record (Removal of Deployment Orders in iPERMS/OMPF), 8 December 2021 * Enlisted Record Brief, 8 December 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was transferred to another unit prior to the deployment. He did not deploy to Bahrain in support of Operation Enduring Freedom (Spartan Shield). 3. The Headquarters, U.S. Army Garrison, Fort Bliss, TX, NATO Travel Order Number BL-299-0304 (N), 26 October 2017, was added to his Army Military Human Resource Record (AMHRR) in iPERMS on 28 October 2017. His date of departure was shown as 21 December 2017 with a date of expected return of 20 December 2018. 4. His records contain no evidence of temporary duty status orders or orders awarding him Assignment Incentive Pay-Operational Deployment for the period 21 December 2017 through 20 December 2018. 5. His DA Forms 2166-9-1 (Noncommissioned Officer Evaluation Report) covering the periods 6 November 2017 through 1 October 2018 and 2 October 2018 through 18 September 2019 show he was assigned to Headquarters and Headquarters Battery, 3d Battalion, 43d Air Defense Artillery Regiment, Fort Bliss, TX. These reports contain no comments regarding NATO travel. 6. Headquarters, U.S. Army Garrison, Fort Bliss, TX, Orders BL-345-0002, 11 December 2019, deployed him to Pozna?, Poland, in a temporary duty status in support of European Deterrence Initiative. He was ordered to proceed on or about 1 February 2020. 7. Headquarters, U.S. Army Garrison, Fort Bliss, TX, NATO Travel Order Number BL-345-0002 (N), 11 December 2019, authorized his travel to various NATO countries on or about 1 February 2020 with an expected return of 27 October 2020. 8. Headquarters, U.S. Army Garrison, Fort Bliss, TX, Orders BL-032-0040, 1 February 2020, awarded him Assignment Incentive Pay – Operational Deployment for the period 1 February 2020 through 27 October 2020. His duty location or position is shown as European Operational Force Deployment (Field Duty). 9. His DA Form 2166-9-2 covering the period 27 March 2020 through 1 March 2021 references his service in Poland. 10. Section I (Assignment Information) of his Enlisted Record Brief, 8 December 2021, shows he received overseas tour credit for service in Poland from 2 March 2020 through 20 November 2020. There is no evidence of overseas tour credit for the period 21 December 2017 through 20 December 2018. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicants petition available military records the Board determined that the applicant did demonstrate by a preponderance of evidence that procedural error occurred that was prejudicial to the applicant and by a preponderance of evidence that the contents of the Headquarters, North Atlantic Treaty Organization (NATO) Travel Order Number BL-299-0304 (N), dated 26 October 2017 are substantially incorrect and support removal. The applicant provided evidence to support the Travel Order Number BL-299-0304 (N), 26 October 2017 was in error. The Board concluded based on the preponderance of evidence found in the military record the applicant’s claim for removal of the Headquarters, U.S. Army Garrison, Fort Bliss, TX, North Atlantic Treaty Organization (NATO) Travel Order Number BL-299-0304 (N), dated 26 October 2017 is warranted. 2. The purpose of maintaining the Army Military Human Resource Record (AMHRR) is to protect the interests of both the U.S. Army and the Soldier. In this regard, the AMHRR serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluations, and any corrections to other parts of the AMHRR. Once placed in the AMHRR, the document becomes a permanent part of that file and will not be removed from or moved to another part of the AMHRR unless directed by an appropriate authority. There does appear to be evidence the contested DA Forms 4187 (Personnel Action) was unjust or untrue or inappropriately filed in the applicant's AMHRR. Therefore, relief was granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 his Army Military Human Resource Record (AMHRR) and his Interactive Personnel Electronic Records Management System (iPERMS) the Headquarters, U.S. Army Garrison, Fort Bliss, TX, North Atlantic Treaty Organization (NATO) Travel Order Number BL-299- 0304 (N), dated 26 October 2017. 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. REFERENCES: 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. a. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or another authorized agency. b. The Required Document List represents current active forms and documents required for filing in the AMHRR. NATO orders are filed in the service deployment/ mobilization folder. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001846 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1