IN THE CASE OF:	  

		BOARD DATE:	  	   21 April 2009

		DOCKET NUMBER:  AR20090003861 


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, removal of the orders awarding him the Parachutist Badge that are filed in his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, upon completion of basic combat training, he reported for basic airborne training; however, he did not successfully complete airborne training.

     a.  The applicant states that upon reporting for airborne training, orders were issued awarding him the Parachutist Badge, even though he had not completed the training.  He adds that he has tried for years to have these orders removed from his records, but he has not been successful in his efforts.

     b.  The applicant states these orders create an unjust situation for him when his records go before a promotion selection board as board members may draw the conclusion that he is “out of uniform” based on the fact that his official Army photograph does not show him wearing the Parachutist Badge because he knows he is not authorized the badge.  He adds that correcting his Enlisted Record Brief to delete the badge and writing letters to the President of the Board to explain the error merely draws attention to the situation, including his failure to complete airborne training when he was a private more than 14 years ago. 

3.  The applicant provides a copy of Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 100-485, dated 10 April 1995.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s military personnel records show he enlisted in the U.S. Army Reserve Delayed Entry Program on 14 September 1994.  He then enlisted and entered active duty in the Regular Army on 24 January 1995.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 73C (Finance Specialist).

2.  A review of the applicant's OMPF confirmed that Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 100-485, dated
10 April 1995, are filed in the performance section of his OMPF.  These orders show the applicant was awarded the Parachutist Badge on 21 April 1995 for successful completion of airborne training.  

3.  The applicant’s military personnel records do not contain any other evidence to show he successfully completed airborne training.

4.  The applicant’s records are absent any orders or other evidence to show that the orders awarding him the Parachutist Badge were revoked.

5.  The applicant’s military personnel records contain a DA Form 4187 (Personnel Action), dated 14 December 1995, that shows he was advanced to the grade of private first class/pay grade E-3, effective and with a date of rank (DOR) of 1 January 1996, in MOS Code (MOSC) 73C1O.

6.  The applicant’s military personnel records contain a DA Form 4187, dated
5 March 1997, that shows he was promoted to the grade of specialist/pay grade E-4, effective and with a DOR of 24 March 1997, in MOSC 73C1O.

7.  The applicant’s military personnel records contain a copy of Headquarters, Detachment 2, 203rd Personnel Service Battalion, Fort Richardson, Alaska, Order 231-1, dated 19 August 1998, that shows, in pertinent part, the applicant was promoted to the grade of sergeant/pay grade E-5, effective and with a DOR of 1 September 1998, in MOSC 73C2O.

8.  The applicant’s military personnel records contain a copy of Headquarters, Defense Language Institute Foreign Language Center and Presidio of Monterey, Presidio of Monterey, California, Order 045-40, dated 14 February 2002, that shows the applicant was promoted to the grade of staff sergeant/pay grade E-6, effective and with a DOR of 1 March 2002, in MOSC 73C3O.


9.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, Order Number 261-51, dated 18 September 2006, that shows, in pertinent part, the applicant was promoted to the grade of sergeant first class/pay grade E-7, effective and with a DOR of 1 October 2006, in MOSC 44C4O (Finance Management Noncommissioned Officer).

10.  The applicant’s military personnel records contain a DA Form 2166-8 (NCO Evaluation Report) for the period from 1 August 2006 through 31 January 2007.  Part I (Administrative Data), block e (PMOSC [Primary MOSC]), contains the entry “44C4O.”  Part III (Duty Description), block b (Duty MOSC), contains the entry “44C4O.”

11.  The applicant’s military personnel records contain a DA Form 2166-8 for the period from 1 February 2007 through 31 January 2008.  Part I, block e, contains the entry “44C4O.”  Part III, block b, contains the entry “44C4O.”

12.  The applicant’s military personnel records contain a DA Form 2166-8 for the period from 1 February 2008 through 31 January 2009.  Part I, block e, contains the entry “44C4O.”  Part III, block b, contains the entry “44C4O.”

13.  A review of the applicant's official Army photograph in his OMPF confirmed that the applicant is not wearing the Parachutist Badge on his Army uniform.

14.  Army Regulation 614-200 (Enlisted Assignments and Utilization) provides guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, details, transfers, and training.  Chapter 3 (Enlisted Assignment System), paragraph 3-13 (Skill qualification identifiers, additional skill identifiers, and language codes (fifth through ninth characters of MOSC), in pertinent part, provides that the SQI is the fifth character of the MOSC and may be used with any MOS unless restricted by Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure).  It also provides the fifth character of the MOSC will contain the letter "O" when the Solider is not qualified for an SQI.  This paragraph further provides, in pertinent part, that SQI "P" is the SQI to award and designate in the MOSC that a Soldier is a qualified "parachutist."  This paragraph provides that the SQI will be withdrawn and deleted from the MOS awarded when qualification skills are lost or when the Soldier withdraws from a voluntary program (e.g., airborne or ranger duty).

15.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed 
proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

16.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Composition of the OMPF - Obsolete Documents) are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  Once placed in the OMPF, the document becomes a permanent part of that file.  When discovered by the custodian or requested by the Soldier concerned, transfer documents mistakenly filed in the performance or service section to the restricted section of the OMPF.  Table 2-1 of Army Regulation
600-8-104 shows award orders are filed in the performance section of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends in effect, that the orders awarding him the Parachutist Badge that are filed in his OMPF should be removed because he did not successfully complete basic airborne training, they were erroneously issued, and the fact that they are filed in the performance section of his OMPF causes an injustice when his records are reviewed by promotion selection boards.

2.  The evidence of record fails to show that the applicant was ever awarded the SQI of “P” in his MOSC that would indicate he was qualified as a parachutist. 

3.  The evidence of record also shows that none of the applicant’s promotions through the enlisted ranks (i.e., to E-3 through E-7) were based on the premise that he was a qualified parachutist and/or on airborne status; he is not currently authorized SQI "P"; and he is not performing duty in an SQI "P" duty position.  Thus, the evidence of record supports the applicant’s contention that he did not complete airborne training, he was not a qualified parachutist, and he was not awarded SQI "P."  Therefore, it is concluded that the applicant was erroneously awarded the parachutist badge.

4.  A review of the applicant’s OMPF revealed that orders that awarded him the Parachutist Badge are filed in the performance section of the applicant’s OMPF.  The evidence of record indicates these orders were erroneously published as the applicant did not successfully complete airborne training.  Therefore, in view of the foregoing, Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 100-485, dated 10 April 1995, should be revoked and removed from the applicant’s OMPF.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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  Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 100-485, dated 10 April 1995; and

     b.  removing Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 100-485, dated 10 April 1995, and the related revocation order 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)                                         AR20090003861



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ABCMR Record of Proceedings (cont)                                         AR20090003861



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