IN THE CASE OF:	  

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080016488 


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, in effect, that Ranger Tab award orders and revocation be removed from his Official Military Personnel File (OMPF).   

2.  The applicant states, in effect, that he and his unit requested the orders awarding him the Ranger Tab be removed from his OMPF because they had been prematurely issued and placed in the OMPF.  Unit personnel officials were informed by the OMPF helpdesk that once orders were filed in the OMPF they could not be removed without revocation orders.  As a result, the unit requested revocation orders be issued by the 4th Ranger Training Battalion, which they did. He claims that now there are two erroneous orders in his OMPF, the one giving the award and the other revoking it.  He states that having these two orders in the OMPF could wrongly be interpreted to mean he was properly awarded the Ranger Tab and it was revoked for cause, which will be viewed as a negative action on his part.  

3.  The applicant provides an electronic mail (e-mail) message from the senior Human Resources (HR) sergeant of his unit requesting corrective action, the Ranger Tab award orders, and the revocation orders.  

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that after having served in the Army National Guard (ARNG), the applicant enlisted in the Regular Army (RA) and entered active duty in that status on 3 November 1999.  

2.  The applicant is currently assigned to Fort Carson, Colorado serving in an active duty status in the rank of sergeant first class (SFC).    

3.  Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Permanent Orders 341-3628, dated 7 December 2006, awarded the applicant the Ranger Tab, effective 15 December 2006, or upon completion of Ranger Training.  

4.  Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Orders 231-1, dated 18 August 2008, revoked Permanent Orders 341-3628, dated 7 December 2006, pertaining to award of the Ranger Tab.  

5.  An e-mail message provided by the applicant’s unit senior HR sergeant confirms the applicant attended the Ranger course in 2006, but did not graduate. It further indicates the administrative section of the Ranger School erroneously awarded the applicant the Ranger Tab and posted the award orders to the applicant’s OMPF prior to his graduating the course.  The HR senior sergeant also states that he coordinated with the OMPF helpdesk to have the applicant’s Ranger Tab orders removed from the OMPF and was informed that once a document is filed in the OMPF it cannot be removed unless revocation orders are issued.  He confirms that he coordinated to have revocation orders published and now both orders are on file in the applicant’s OMPF.  The HR senior sergeant claims that the Ranger School erroneously placed the Ranger Tab award orders in the applicant’s OMPF and it now appears as if the applicant was a graduate of the Ranger course and that his Ranger Tab was later revoked.  He further states that when a Ranger Tab is revoked it is normally for cause (poor performance, non-judicial or judicial action etc); therefore, this could reflect negatively on the applicant.  He requests the Board now take the necessary action to have both orders removed from the applicant’s OMPF.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s award policy. Paragraph 1-31 provides guidance on the revocation of badges, Ranger Tab, Special Forces Tab and Sapper Tab, and paragraph 1-31(c)13 provides the policy for revocation of the Ranger Tab.  It states, in pertinent part, that the Ranger Tab may be revoked by the Commander, United States Army Infantry School based on the recommendation of the field commander (COL or above) of the individual in question, if in the opinion of that commander the individual has exhibited a pattern of behavior, expertise or duty performance that is inconsistent with expectations of the Army, that is, that Ranger qualified Soldiers continuously demonstrate enhanced degrees of confidence, commitment, competency and discipline.  

7.  Paragraph 1-31(c)13 of the awards regulation further states that the award of the Ranger Tab may be revoked for the following under any of the following conditions:  (a) Dismissal, dishonorable discharge or conviction by courts-martial for desertion in time of war; (b) Refusal to accept assignment to a Ranger coded position; (c) Failure to maintain prescribed standards of personal fitness and readiness to accomplish missions commensurate with position and rank; or 
(d) Upon relief or release for cause.   

8.  Paragraph 8-48 of the awards regulation contains guidance on award of the Ranger Tab.  It states, in pertinent, that the basic eligibility criteria necessary to support award of the Ranger Tab is as follows:  (1) Successful completion of a Ranger course conducted by the U.S. Army Infantry School; (2) Any person who was awarded the Combat Infantryman Badge while serving during World War II as a member of a Ranger Battalion (1st-6th inclusive) or in the 5307th Composite Unit (Provisional) (Merrill's Marauders); and any person who successfully completed a Ranger course conducted by the Ranger Training Command at Fort Benning, Georgia.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies and procedures regarding military records management.  Chapter 2 provides OMPF policy and paragraph 2-4 contains guidance on changing the OMPF.  It states, in pertinent part, that once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed or moved to another part of the OMPF unless directed by an authorized agency.  The Army Board for Correction of Military Records (ABCMR) is one of the identified authorized agencies able to direct the removal of a document filed on the OMPF.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the continued filing of erroneous Ranger Tab award orders and revocation orders is unjust and could likely result in the negative perception that the Ranger Tab was revoked for cause was carefully considered and found to have merit.  

2.  The evidence of record confirms the Ranger Tab was erroneously awarded to the applicant prior to his actual graduation from the Ranger course, and that the awards orders were erroneously filed in his OMPF.  Further, once the error was discovered, orders revoking the Ranger Tab award orders were published and these revocation orders were also filed in the applicant’s OMPF.  


3.  By regulation, successful completion of the Ranger course is a prerequisite to be awarded the Ranger Tab.  Further, all the regulatory reasons cited for revoking a Ranger Tab are for cause (negative).  As a result, it is likely the perception created by the orders in question remaining on file in the applicant’s OMPF would be that he was properly awarded the Ranger Tab and that it was later revoked for cause.  Therefore, it would be appropriate and serve the interest of justice and equity to remove the orders in question from the applicant’s OMPF. 

BOARD VOTE:

____x___  ___x____  ___x____  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 Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Permanent Orders 341-3628, dated 7 December 2006; and Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Orders 231-1, dated 18 August 2008, from the individual's 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)                                         AR20080016488



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016488



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1