BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090017178
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 two award and military occupational specialty (MOS) action orders from her Official Military Personnel File (OMPF).
2. The applicant states she attended airborne school during the time period shown on each of these orders but she did not successfully complete the training either time. She further states she will be going up for the sergeant first class (SFC)/E-7 board in February 2010 and she wants to make sure her OMPF is correct.
3. The applicant provides a copy of Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 101-403, dated 11 April 1997 and Permanent Orders 236-350, published by the same headquarters, dated
24 August 1999, in support of this application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show she enlisted in the Regular Army (RA) on 30 January 1996 and she was awarded military occupational specialty (MOS) 25V (combat documentation/production specialist). She has served continuously through reenlistments and she was promoted to the rank/grade staff sergeant (SSG)/E-6.
3. The applicant's OMPF in the interactive Personnel Electronic Records Management System (iPERMS) contains both of the referenced permanent orders showing she was awarded the Parachutist Badge and awarded MOS 25V1P.
4. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and the Army Personnel Qualification Records. In pertinent part, this regulation describes what forms and documents are to be filed in the OMPF and where they are to be filed. It further provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. Evidence indicates the applicant was issued two orders for successful completion of Airborne training, which she did not complete. Therefore, it would be appropriate to correct her records by removing Headquarters, U.S. Army Infantry Center, Fort Benning, Permanent Orders 101-403, dated 11 April 1997, and Permanent Orders 236-350, dated 24 August 1999, showing she was awarded the Parachutist Badge 25V1P from her OMPF in iPERMS.
2. In view of the foregoing, the applicant is entitled to have her records corrected as shown below.
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 Headquarters, U.S. Army Infantry Center, Fort Benning, Permanent Orders 101-403, dated 11 April 1997, and Permanent Orders 236-350, dated
24 August 1999, from her OMPF in iPERMS.
___________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.
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