IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080020011
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 that Permanent Orders Number 39-8, dated 8 February 2007, awarding him the Special Operations Diver Badge be removed from his Official Military Personnel File (OMPF). He also requests that the Military Police Terrorism School Certificate be removed from his OMPF.
2. The applicant states that his OMPF contains orders awarding him the Special Operations Diver Badge and a Military Police Terrorism School Certificate although he never completed the courses. He needs both of these awards and certificate removed from his records. He believes that his records are in error due to a mistake in the computer system.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army (RA) in the rank of staff sergeant, E-6. The applicant enlisted in the RA on 30 October 2002.
2. On 4 February 2009, in a conversation with a staff member of the Army Board for Correction of Military Records (ABCMR) (Case Management Division)), the applicant stated he is concerned only about the "Special Operations Diver Badge" orders. He informed the staff member that the Military Police Terrorism School Certificate has already been removed from his OMPF. Therefore, this portion of his request will not be discussed further in this Record of Proceedings.
3. Department of the Army, U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC, Permanent Orders 39-8, dated 8 February 2007, show the applicant was awarded the Special Operations Diver Badge for the period 15 January to 23 February 2007. The orders show he graduated from the Special Forces Combat Diver Qualification Course Number 00207. These orders were filed in his OMPF.
4. There is no other evidence of record which indicates the applicant graduated from the Special Forces Combat Diver Qualification Course.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, 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 OMPF 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 ABCMR, the Department of the Army Suitability Evaluation Board (DASEB), Army Appeals Board, Chief of Appeals and Corrections Branch of the U.S. Army Human Resources Command, the OMPF custodian when documents have been improperly filed, Human Resources Command, as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his OMPF contains orders awarding him the Special Operations Diver Badge although he never completed the course was considered.
2. Permanent Orders 39-8, dated 8 February 2007, show the applicant was awarded the Special Operations Diver Badge. Although these orders show he graduated from the Special Forces Combat Diver Qualification Course, there is no other evidence of record which verifies he graduated from this course.
3. In the absence of any other corroborating evidence to show the applicant actually attended the Special Forces Combat Diver Qualification Course, it would be appropriate to remove Permanent Orders 39-8, dated 8 February 2007, 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:
a. revoking Permanent Orders 39-8, dated 8 February 2007, and not filing the revocation orders in his OMPF; and
b. removing Permanent Orders 39-8, dated 8 February 2007, from his 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) AR20080020011
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