RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050017306


      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             |
|     |Ms.  Joyce A. Wright              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 that Permanent Orders 230-00233, dated 18 August
1997; Permanent Orders 265-00154, dated 22 September 1997; and Permanent
Orders 128-00173, dated 8 May 1998 be removed from his Official Military
Personnel File (OMPF).

2.  The applicant states that the above mentioned orders should be removed
from his OMPF because they were revoked and the correct order, Permanent
Orders 248-00227, dated 5 September 1997, has been placed on his OMPF.

3.  The applicant provides a copy of Permanent Orders 230-00233, dated
18 August 1997; a copy of Permanent Orders 265-00154, dated 22 September
1997; a copy of Permanent Orders 128-00173, dated 8 May 1998; and a copy of
Permanent Orders 248-00227, dated 5 September 1997, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he is currently serving overseas
on active duty in the rank of staff sergeant (SSG/E-6).

2.  The applicant provides a copy of Permanent Orders 230-00233, dated
18 August 1997, which awarded him the Air Assault Badge for the period of
service from 21 July through 4 August 1997, for successful completion of
the standard air assault course, Class Number 51-97.  His OMPF currently
shows this order.

3.  The applicant provides a copy of Permanent Orders 265-00154, dated
22 September 1997 and a copy of Permanent Orders 128-00173, dated 8 May
1998.  These orders revoked Permanent Orders 230-00233, dated 18 August
1997.  Both orders indicated that the applicant did not graduate with Class
51-97. His OMPF currently shows these orders.

4.  The applicant provides a copy of Permanent Orders 248-00227, dated
5 September 1997, which awarded him the Air Assault Badge for the period of
service from 11 to 26 August 1997, for successful completion of the
standard air assault course, Class Number 56-97.  His OMPF currently shows
this order.




5.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the Air Assault Badge.  Award of the Air
Assault Badge requires that an individual must have satisfactorily
completed an air assault training course according to the U.S. Army
Training and Doctrine Command standardized Air Assault Core Program of
Instruction, or completed the standard Air Assault Course while assigned or
attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel
File, the Military Personnel Records Jacket, the Career Management
Individual File, and Army Personnel Qualification Records.  Paragraph 2-4
of this regulation states that once a document is placed in the Official
Military Personnel File it becomes a permanent part of that file and will
not be removed from that file or moved to another part of the file unless
directed by the proper authorities listed in the regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially awarded the Air Assault Badge by Permanent
Orders 230-00233, dated 18 August 1997, for the period of service from
21 July to 4 August 1997, for successful completion of the standard air
assault course, Class Number 51-97.

2.  The evidence shows that Permanent Orders 265-00154, dated 22 September
1997, and Permanent Orders 128-00173, dated 8 May 1998 were published and
both orders revoked the applicant's Permanent Orders 230-00233, dated
18 August 1997.  Both orders also indicated that he did not graduate with
Class 51-97.  The evidence shows that his OMPF currently shows these
orders.

3.  Since the applicant's OMPF now contains Permanent Orders 248-00227,
dated 5 September 1997, which awarded him the Air Assault Badge for the
period of service from 11 to 26 August 1997, for successful completion of
the standard air assault course, Class 56-97, the additional Permanent
Orders no longer serve a purpose and should be expunged from his records.
It would now be equitable and just to remove Permanent Orders 230-00233,
dated 18 August 1997; Permanent Orders 265-00154, dated 22 September 1997;
and Permanent Orders 128-00173, dated 8 May 1998 from the applicant's OMPF.




BOARD VOTE:

_MJF____  __LGH__  _JS ____  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:

     a. by expunging Permanent Orders 230-00233, dated 18 August 1997;

      b.  by expunging Permanent Orders 265-00154, dated 22 September 1997;
and


      c.  by expunging Permanent Orders 128-00173, dated 8 May 1998 from his
OMPF.




                                  _____John Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017306                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . ACTIVE DUTY                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |123                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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