BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090019090
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. He also states that he was issued orders revoking the original orders that awarded him the badge.
3. The applicant provides copies of Permanent Orders 201-223, dated 20 July 2001 and Permanent Orders 245-103, dated 2 September 2009, both issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army (RA) staff sergeant (SSG) who initially enlisted in the RA on 29 January 2001 and subsequently executed a 4-year reenlistment and two 6-year reenlistments in the RA. He has served in various staff and/or leadership positions in military occupational specialty 92G (Food Service Specialist) and he was promoted to SSG on 1 August 2005.
2. On 20 July 2001, Headquarters, U.S. Army Infantry Center, Fort Benning, published Permanent Orders 201-223 awarding the applicant the Parachutist Badge. The orders are filed in the performance portion of his OMPF.
3. On 2 September 2009, Headquarters, U.S. Army Infantry Center, Fort Benning, published Orders 245-103 revoking Orders 201-223 awarding the applicant the Parachutist Badge.
4. A telephonic conversation, dated 30 November 2009, between the analyst of record and a staff member at the U.S. Army Airborne School, Fort Benning confirmed the applicant was enrolled in the Basic Airborne Course, in July 2001 and that he did not graduate.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandates 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 201-223, dated 20 July 2001, and Orders 245-103, dated 2 September 2009, 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.
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