BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090013802
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 the U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC Permanent Orders 249-14, dated 6 September 2005; Permanent Orders 271-40, dated 28 September 2005; and Permanent Orders 129-12, dated 9 May 2005, from his Official Military Personnel File (OMPF).
2. The applicant states that he was awarded the Special Operations Combat Diver Badge; however, he did not complete the course and the award was revoked. He adds that he was also awarded the Military Free Fall Parachutist Badge but did not complete this course, either. He further states he has not returned to complete the courses.
3. The applicant provides copies of Permanent Orders 294-14, 271-40, and
129-12 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicantÂ’s records show he enlisted in the Regular Army (RA) on
5 March 1997 and has remained in service through a series of reenlistments. He is currently serving in the rank/grade of sergeant first class (SFC)/E-7.
2. Permanent Orders 129-12, dated 9 May 2005, show that the applicant was awarded the Military Free Fall Parachutist Badge for the period of service from 2 May 2005 to 2 June 2005. The order states that the applicant graduated from the Military Free Fall Parachutist course as the reason for the award. There are no orders contained in the applicant's OMPF that revokes this award.
3. Permanent Orders 294-14, dated 6 September 2005, show that the applicant was awarded the Special Operations Combat Diver Badge for the period of service from 14 August 2005 to 23 September 2005. The order states that the applicant graduated from the Special Operations Combat Diver Qualification Course. Permanent Orders 271-40, dated 28 September 2005, show that these orders were revoked.
4. 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. Since the applicant failed to complete the Special Operations Combat Diver Qualification Course and the orders have been revoked, it would be appropriate to remove Permanent Orders 294-14 awarding him the Special Operations Combat Driver Badge from his OMPF. Additionally, the existence of the revocation orders on his OMPF is a detractor that stands out as soon as his records are reviewed. There is no harm to the Army or to the Soldier in removing Permanent Orders 271-40 that revoked Permanent Orders 294-14 from his OMPF.
3. The applicant states that he was unable to complete the course for award of the Military Free Fall Parachutist Badge; however, permanent orders were published awarding him this badge. There is no corroborating evidence to show that the applicant in fact completed the course. Therefore, in the interest of justice, Permanent Orders 129-12 should be revoked. Additionally, Permanent Orders 129-12 should be removed from and the subsequent revocation orders should not be filed 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 129-12, dated 9 May 2005;
b. removing from his OMPF Permanent Orders 129-12, dated 9 May 2005;
c. removing from his OMPF Permanent Orders 249-14, dated 6 September 2005;
d. removing from his OMPF Permanent Orders 271-40, dated 28 September 2005; and
e. not filing the order revoking Permanent Orders 129-12 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) AR20090013802
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