IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021305 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 22 October 2001 be corrected by deleting the Ranger Course and Ranger Tab and the Pathfinder Course and Pathfinder Tab. 

2.  The applicant states he pled guilty at a general court-martial of wrongfully wearing the Pathfinder Badge and Ranger Tab and falsifying a statement indicating that he completed the Ranger and Pathfinder Courses. 

3.  The applicant provides the following documents:

* a copy of his DA Form 4430 (Department of the Army Report of Result of Trial) dated 20 October 2009
* a copy of his National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement) dated 13 November 2009
* a copy of reduction Orders 295-4 dated 22 October 2009
* email dated 22 October 2009
* a copy of his DD Form 214 dated 22 October 2001
* a copy of an NGB Staff Summary Sheet dated 3 March 2009
* copies of false diplomas showing completion of the Pathfinder and Ranger Courses




CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) On 18 February 1992 and held military occupational specialty (MOS) 11B (Infantryman).  He served through multiple reenlistments in the RA, in various staff and leadership positions, and he was promoted to staff sergeant (SSG)/E-6 in March 1998.

2.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Orders 
155-1227, dated 4 June 1997, show the applicant was awarded MOS 11B2PF7, indicating he completed the Pathfinder Course and he was awarded the "F7" additional skill identifier. 

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 7 (Awards, Decorations, and Campaigns), shows the Ranger Tab and Pathfinder Badge.  Additionally, item 17 (Civilian Education and Military Schools) shows he completed the 9-week Ranger Course and the 2-week Pathfinder Course in 1997.

4.  He was honorably discharged from active service on 22 October 2001 due to completion of required active service.  His DD Form 214 shows he completed 
9 years, 8 months, and 5 days of creditable active service.  This form further shows the following entries:

* Item 11 (Primary Specialty) shows he held MOS 11B3V, wherein the skill qualification identifier (SQI) "V" indicates he was qualified as a Ranger 

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows, among other awards, the Pathfinder Badge and the Ranger Tab

* Item 14 (Military Education) shows, among other courses, he completed the 9-week Ranger Course and the 3-week Pathfinder Course in 1997

5.  He enlisted in the Utah Army National Guard (UTARNG) in the rank/grade of SSG/E-6 on 17 August 2001 and held MOS 11B and MOS 79T (Recruiting and Retention Noncommissioned Officer (NCO)). 

6.  On 23 October 2001, he was ordered to active duty in an Active Guard Reserve (AGR) status.  He was promoted to sergeant first class/E-7 on 19 July 2002 and master sergeant (MSG)/E-8 on 1 July 2005.  He was assigned to the Joint Force Headquarters, UTARNG with duty at Fort Eustis, VA, as a senior ARNG liaison NCO.
7.  On 20 October 2009, he pled guilty at a general court martial to the following specifications:

        a.  one specification of wrongfully wearing upon his uniform the Pathfinder Badge Ranger Tab, Sapper Badge, and Combat Infantryman Badge.
   
        b.  one specification of making a false official statement that he had been awarded the Combat Infantryman Badge.
   
        c.  one specification of making a false official statement that he had been awarded the United Nations Service Medal and had earned a Masters in Business Administration in 2006.
   
        d.  one specification of making a false official statement that he was awarded the United Nations Service Medal and he had completed the Sapper, Ranger, and Pathfinder Courses.

8.  The court sentenced him to serve 5 months in confinement and to be reduced to the rank of SSG/E-6.  The convening authority approved the sentence on
22 January 2010.

9.  Subsequent to the applicant's release from confinement, he was honorably released from active duty and transferred to the control of his ARNG unit on 
12 March 2010.  His DD Form 214 ending on 12 March 2010 shows he completed 8 years and 22 days of creditable active service during this period.  His total active service equals 17 years, 8 months, and 27 days.  He also had 121 days of lost time.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214:  

		a.  Item 11 is obtained from the Soldier's records.  It shows the titles of all MOSs served for at least 1 year and includes for each MOS the number of years and months served.  For an enlisted Soldier, it also specifies the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of an SQI (e.g., P for airborne-qualified Soldiers, X for drill sergeants, etc.), if applicable.  An "O" is entered when an SQI is not applicable.  When the MOS merges at the skill level 5, make separate entries for the highest skill level in each MOSC below the skill level 5.

		b.  Item 13 shows all awards, decorations, and badges and is obtained from the Soldier's records.

		c.  Item 14 is obtained from the Soldier's records and it shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandates operating tasks for the Military Personnel 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 official military personnel file (OMPF) or the internet-based personnel electronic records management system (iPERMS).  Paragraph 2-4 contains guidance on changing the OMPF/iPERMS.  It indicates, in pertinent part, that the Army Board for Correction of Military Records may direct removal or movement of documents filed in the OMPF/iPERMS in the interest of justice or equity.  

DISCUSSION AND CONCLUSIONS:

The applicant claimed he had completed certain courses and he had been authorized certain badges, an action that was later proved to be untrue.  He subsequently pled guilty to various specifications of wearing unauthorized badges and making various false statements.  He received what the court considered an appropriate punishment; therefore, his official record should be corrected to remove any reference to untrue awards, badges, or military education.  This includes correction of his MOS orders, DA Form 2-1, and 
DD Form 214, as recommended 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:

        a.  revoking Orders 155-1227, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 4 June 1997.

        b.  removing from his OMPF/iPERMS, both Orders 155-1227, dated 
4 June 1997, and the corresponding revocation orders.

        c.  deleting from his DA Form 2-1 any entries pertaining to the Ranger Tab, Pathfinder Badge, and the Ranger and Pathfinder Courses.
   
        d.  deleting from item 11 of his DD Form 214, for the period ending on 22 October 2001 the entry "11B3V" and adding the entry "11B3O."
   
        e.  deleting from item 13 of his DD Form 214 ending on 22 October 2001 the Pathfinder Badge and the Ranger Tab.
   
        f.  deleting from item 14 of his DD Form 214 ending on 22 October 2001 the 1997 3-week Pathfinder Course and the 9-week Ranger Course.




      _______ _   __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)                                         AR20090021305



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ABCMR Record of Proceedings (cont)                                         AR20090021305



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