IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20080020088 


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 him the Army Good Conduct Medal (AGCM) and the Parachutist Badge from his Official Military Personnel File (OMPF).

2.  The applicant states that he received two orders for the award of the AGCM during the same year, but from different units with different dates.  He also states that he received orders for the award of the Parachutist Badge, but he did not graduate from airborne school.  

3.  The applicant provides copies of orders awarding him the AGCM.
 
CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he originally enlisted in the Regular Army on 20 June 2000 and through a series of reenlistments, he remained on active duty.  He is currently serving in the grade of staff sergeant/(SSG/E6). 

2.  Detachment B, 22nd Personnel Services Battalion, Orders 169-079, dated
18 June 2003, Fort Lewis, Washington, show that the applicant was awarded the AGCM (1st Award) for the period of service from 20 June 2000 to 19 June 2003.

3.  The 90th Personnel Services Battalion, Permanent Orders 272-213, dated 
29 September 2003, show that the applicant was awarded the AGCM (1st Award) for the period of service from 25 May 2000 to 24 May 2004.

4.  Headquarters, United States Army Infantry Center, Permanent Orders 331-525, dated 26 November 2000, Fort Benning, Georgia, show that the applicant was awarded the Parachutist Badge.  

5.  A telephonic conversation, dated 13 May 2009, between the analyst of record and a staff member at the U.S. Army Airborne School, Fort Benning, Georgia, confirmed that the applicant was enrolled in the Basic Airborne Course, in November 2000, at Fort Benning, Georgia.  However, he was medically dropped and did not graduate.

6.  On 13 May 2009, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published Orders 135-35 revoking Orders 331-525 issued on
26 November 2000, awarding the applicant the Parachutist Badge.

7.  On 13 May 2009, a copy of the revocation of orders were electronically mailed to the applicant for his acknowledgement and/or comments, but he failed to respond.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service

9.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Chapter 2 of this regulation 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) of this Army regulation 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 indicates, in pertinent part, that the Army Board for Correction of Military Records (ABCMR) 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 evidence of record shows that the applicant entered active duty on 
20 June 2000; therefore, his qualification period for the award of the AGCM is from 20 June 2000 to 19 June 2003 which is consistent with the period of service cited in Orders 169-079.  Therefore, it is appropriate to correct the applicant's OMPF by first revoking Permanent Orders 272-213, then removing Permanent Orders 272-213, and finally ensuring the revocation orders are not filed in his OMPF.

3.  Since the applicant failed to complete the Basic Airborne Course and the orders have been revoked, it would be appropriate to remove Orders 331-525 awarding him the Parachutist Badge from his OMPF.  Additionally, the existence of the revocation orders on his performance fiche is a detractor that stands out as soon as his records are reviewed.  There is no harm to the Army or to the Soldier to remove the revocation orders from his OMPF.  Therefore, this Record of Proceedings serves as the authority to remove Orders 133-35 from the applicant's OMPF if those revocation orders subsequently appear in his 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 272-213 dated 29 September 2003, then removing Permanent Orders 272-213 dated 29 September 2003 from his OMPF, and finally ensuring the revocation orders are not filed in his OMPF;
   
   b.  removing Permanent Orders 331-525 dated 26 November 2000 from his OMPF; and

   c.  ensuring Permanent Orders 133-35 dated 13 May 2009 are not filed in 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)                                         AR20080020088





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ABCMR Record of Proceedings (cont)                                         AR20080020088



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