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ARMY | BCMR | CY2004 | 2004100445C070208
Original file (2004100445C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 19, 2004
      DOCKET NUMBER:     AR2004100445


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Benard P. Ingold              |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the removal of orders from his Official Military
Personnel File (OMPF) that awarded him the Ranger Tab effective 13 February
1996.

2.  The applicant states that his OMPF contains orders awarding him the
Ranger Tab; however, he failed to complete that course and has been
unsuccessful in having the orders removed from his records.

3.  The applicant provides a copy of Permanent Orders Number 010-266 dated
10 January 1996, issued at Fort Benning, Georgia, which award the Ranger
Tab to the applicant effective 13 February 1996.

CONSIDERATION OF EVIDENCE:

1.  He enlisted on 22 October 1992 for a period of 3 years and training
under the airborne/infantryman training option.  He successfully completed
his training and has remained on active duty through successive
reenlistments.

2.  On 10 January 1996, Permanent Orders Number 010-266 were published by
the Infantry Center at Fort Benning, which awarded the applicant the Ranger
Tab for successful completion of Ranger training, effective 13 February
1996.  Those orders are currently filed in the "Commendatory Section" of
his OMPF.

3.  He was promoted to the pay grade of E-6 on 1 December 2000 and
graduated from the Drill Sergeant Course on 4 October 2002.  He is
currently serving as a drill sergeant at Fort Jackson, South Carolina.

4.  On 18 April 2003, the applicant was advised by officials at the
Enlisted Records and Evaluation Center (EREC) in Indianapolis, Indiana,
that he should petition the Board to have the orders removed from his
records.

5.  In the processing of this case, a telephonic inquiry was made by a
staff member of the Board to officials at the 4th Ranger Training Brigade
(RTB) at Fort Benning, Georgia, to ascertain if the applicant had or had
not completed Ranger Class RGR 03-96.  Officials at the RTB indicate that
the records at that location indicate that the applicant failed the patrols
and peers portion of the Florida phase in February 1996 and was deemed a
non-graduate.


DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly establishes that the orders awarding him
the Ranger Tab for completion of Ranger training were published before he
completed the training and apparently were distributed before the applicant
failed the course.

2.  Inasmuch as he failed the course in February 1996, the orders should
have been revoked and never filed in his OMPF.

3.  Accordingly, it would be in the interest of justice to remove the
orders awarding him the Ranger Tab and to ensure that they are revoked.

BOARD VOTE:

jch   ____  bpi _____  ym______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the orders awarding him the Ranger Tab from his OMPF and ensuring
that they are revoked.





            ___James C. Hise____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100445                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |169/RANGER TAB                          |
|1.107.0123              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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