IN THE CASE OF:	  

		BOARD DATE:	 21 September 2010

		DOCKET NUMBER:  AR20100018530 


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 permanent orders awarding her the Parachutist Badge from her official military personnel file (OMPF).

2.  The applicant states she attended the Basic Airborne Course in April 2009, but she was injured and therefore did not graduate.  However, her OMPF contains permanent orders awarding her the Parachutist Badge.  She also states she was issued orders revoking the original orders that awarded her the badge.

3.  The applicant provides copies of Permanent Orders 141-3534, dated 21 May 2009, and Orders 197-4, dated 16 July 2010, both issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, and a copy of her Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army staff sergeant who initially entered active duty on 5 November 2002.  She has served through multiple reenlistments in various staff and/or leadership positions in military occupational specialty 27D (Paralegal Specialist).

2.  On 21 May 2009, Headquarters, U.S. Army Infantry Center, published Permanent Orders 141-3534 awarding her the Parachutist Badge.  The orders are filed in the performance portion of her OMPF.

3.  On 16 July 2010, Headquarters, U.S. Army Infantry Center, published Orders 197-4 revoking Permanent Orders 141-3534 awarding her the Parachutist Badge.

4.  A telephonic conversation on 7 September 2010 between the analyst of record and a staff member of the U.S. Army Airborne School confirmed the applicant was enrolled in the Basic Airborne Course in May 2009, but she did not graduate and was released for medical reasons.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandates operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  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) shows that award orders (includes badges, bars, tabs, and so forth) are filed in the performance portion of the OMPF.  Paragraph 2-4 contains guidance on changing the OMPF.  It provides that the Army Board for Correction of Military Records may direct removal or movement of documents filed in the OMPF in the interest of justice or equity.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  The existence of orders awarding and subsequently revoking the Parachutist Badge in her performance fiche is a detractor that stands out as soon as her records are reviewed.  Since she did not complete the Basic Airborne Course, the original orders were revoked.  There is no harm to the Army or to the Soldier if the orders awarding her the Parachutist Badge and the revocation orders are removed from her OMPF.


BOARD VOTE:

____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 Permanent Orders 141-3534, dated 21 May 2009, and Orders 197-4, dated 16 July 2010, from her OMPF.



      ___________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)                                         AR20100018530



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ABCMR Record of Proceedings (cont)                                         AR20100018530



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