IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20090000671
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 a three different sets of orders awarding him the Parachutist Badge from his Official Military Personnel File (OMPF).
2. The applicant states that he did not complete the Basic Airborne Course; yet, his OMPF erroneously contains three sets of orders awarding him the Parachutist Badge. He adds that over the years, he requested removal of the orders from his OMPF through his various battalion S-1s, but was given conflicting guidance. He is now competing for promotion to sergeant first class (SFC)/E-7 and wants to present an accurate and uncluttered OMPF before the promotion selection board.
3. The applicant provides, in support of his request, copies of Permanent Orders 225-240 and 225-241, dated 12 August 1996; and Permanent Orders 232-245, dated 19 August 1996, all issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army (RA) staff sergeant (SSG)/E-6 currently assigned to the 3rd Signal Company, 3rd Infantry Division, Fort Stewart, Georgia. He initially enlisted in the RA for a period of 4 years on 21 February 1996. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 74C (Data Analysis Specialist).
2. On 12 and 19 August 1996, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published three different sets of orders awarding the applicant the Parachutist Badge.
3. The applicants records further show he executed a series of reenlistments in the RA including a 3-year reenlistment on 4 June 1999 and a 4-year reenlistment on 17 August 2001. He was promoted to SSG on 1 March 2005 and executed an indefinite reenlistment on 2 November 2007.
4. The applicant's OMPF includes a copy of Permanent Orders 225-240 and 225-241, dated 12 August 1996, and 232-532, dated 19 August 1996, all issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, awarding him the Parachutist Badge.
5. A telephonic conversation on 27 January 2009 between the analyst of record and a staff member at the U.S. Army Airborne School, Fort Benning, confirmed that upon completion of MOS training, the applicant was enrolled in the Basic Airborne Course, Course Number 39-96, at Fort Benning. However, the applicant did not graduate.
6. A telephonic conversation on 27 January 2009 between the analyst of record and a staff member at the Directorate of Human Resources, Headquarters, U.S. Army Infantry Center, Fort Benning, confirmed that the three sets of orders were issued in error and should be rescinded/revoked.
7. On 28 January 2009, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published Orders 28-12, 28-13, and 28-14, revoking Orders 225-240, 225-241, and 232-532, respectively.
8. 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 on the performance portion of the OMPF.
9. Paragraph 2-4 of AR 600-8-104 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 applicant contends that the three sets of orders awarding him the Parachutist Badge should be removed from his OMPF.
2. The purpose of maintaining the OMPF is to protect the interests of both the 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.
3. The applicant's date of rank to SSG is 1 March 2005. He is in the zone of consideration for promotion to SFC. However, the existence of three sets of orders awarding him a badge for training that he did not complete is a detractor that sticks out as soon as his records are reviewed. There is no harm to the Army or to the Soldier if these orders and the orders that revoked them are removed from his OMPF. Therefore, in the interest of justice, the applicant is entitled to a relief.
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 Orders 225-240, 225-241, and 232-532, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, on 12 and 19 August 1996; and Orders
28-12, 28-13, and 28-14, issued by the same Headquarters on 28 January 2009, from the applicant's OMPF.
XXX
______________________
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.
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