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ARMY | BCMR | CY2009 | 20090000719
Original file (20090000719.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       19 February 2009

		DOCKET NUMBER:  AR20090000719 


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 Parachutist Badge from his official military personnel file (OMPF).

2.  The applicant states he was injured while attending the Basic Airborne Course and did not complete training.  However, permanent orders were apparently published in error and filed on his OMPF.

3.  The applicant provides copies of Permanent Orders 39-3142, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, on 8 February 2007, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) warrant officer who initially enlisted in the RA on 14 May 1987 and was honorably discharged on 26 January 1999.  He was subsequently appointed as a warrant officer one and executed an oath of office on 27 January 1999.  He served in various staff positions in the Intelligence and Special Forces communities and was promoted to chief warrant officer two on 26 January 2001 and chief warrant officer three on 1 January 2006.

2.  On 8 February 2007, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published Permanent Orders 39-3142 awarding the applicant the Parachutist Badge.  The orders are filed on the performance portion of the applicant’s OMPF.
3.  A telephonic conversation, dated 30 January 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 February 2007, at Fort Benning, Georgia.  However, he did not graduate.

4.  On 16 February 2009, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, published Orders 47-9 revoking Orders 39-142 issued on 8 February 2007 awarding the applicant the Parachutist Badge.

5.  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 existence of a set of orders awarding him the Parachutist Badge on his performance fiche is a detractor that stands out as soon as his records are reviewed.  Since he did not complete the Basic Airborne Course, his orders were subsequently revoked.  There is no harm to the Army or to the Soldier if the original orders awarding him the Parachutist Badge and the revocation orders are removed from 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 removing Orders 39-3142, dated 8 February 2007, and Orders 47-9, dated 16 February 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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ABCMR Record of Proceedings (cont)                                         AR20090000719



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