IN THE CASE OF:	  	

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100009284 


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 correction of his record by removing the erroneous orders that awarded him:

* the Parachutist Badge

* a duplicate Good Conduct Medal for the period 2 October 1991 through 1 October 1994

2.  He states, in effect, although he attended the Basic Airborne Course in 1994, he did not graduate.  He also states his official military personnel file (OMPF) contains permanent orders which erroneously awarded him the Parachutist Badge for successful completion of airborne training.  He contends he did not earn this special skill badge and desires to have the orders removed from his OMPF.  He further states he was erroneously issued a duplicate order awarding him the Army Good Conduct Medal for the previously recognized period 2 October 1991 through 1 October 1994.

3.  He concludes by stating that he desires to have both of the erroneous orders removed from his OMPF to prevent any confusion or questions about his integrity in the future.  He states the numerous attempts he made to have the erroneous orders removed were unsuccessful and he was referred to the Army Board for Correction of Military Records (ABCMR).


4.  He provides copies of three award orders and his Enlisted Record Brief (ERB).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he enlisted in the Regular Army 2 October 1991 and has he continuously served through a series of reenlistments for over 
18 years.  Initially, he was awarded military occupational specialty (MOS) 91B (Medical Specialist) and then he was reclassified into MOS 68W (Health Care Specialist).  He currently holds the rank/pay grade of sergeant first class/E-7 and he is stationed at Fort Drum, New York.

2.  His OMPF contains (and he also provides) Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 060-242, dated 28 March 1994, which awarded him the Parachutist Badge for successful completion of Airborne training on 8 April 1994.  These orders would have also resulted in the modification of his MOS by adding a special qualification identifier (SQI) "P" to his MOS.

3.  His OMPF contains (and he also provides) two permanent orders issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky which awarded him the Army Good Conduct Medal for the period 2 October 1991 through 1 October 1994:

* Permanent Orders 322-00021, dated 18 November 1994
* Permanent Orders 025-00012, dated 25 January 1995

4.  His ERB, dated 22 January 2010, reveals the following pertinent information:

* Section I (Assignment Information) does not show SQI "P" as part of his MOS
* Section VI (Military Education) does not show he completed Airborne training in 1994
* Section VIII (Awards and Decorations)
* 
-  does not show award of the Parachutist Badge
-  shows award of six Army Good Conduct Medals






5.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  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.

	b.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his OMPF should be corrected by removing the erroneous orders that awarded him the Parachutist Badge and a duplicate Good Conduct Medal for the period 2 October 1991 through 1 October 1994 were carefully considered and determined to have merit.

2.  The evidence clearly shows Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 060-242, dated 28 March 1994, which awarded him the Parachutist Badge for successful completion of airborne training were prepared 12 days prior to the scheduled 8 April 1994 completion date of the course.  This is common practice among Army schools in order to facilitate the timely preparation of certificates prior to graduation ceremonies.

3.  He acknowledges he did not complete airborne training and did not earn the Parachutist Badge.  Therefore, he is entitled to the requested relief.

4.  Evidence clearly shows that contrary to regulatory guidance, he was issued two orders awarding him the Army Good Conduct Medal for the exact same period of time.  Therefore, he is entitled to the requested relief.

5.  His ERB appropriately shows award of six Army Good Conduct Medals for his 18 years of honorable service.  Therefore, there is no need for correction of his ERB.


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 Headquarters, U.S. Army Infantry Center, Permanent Orders 060-242, dated 28 March 1994, which awarded him the Parachutist Badge, and removing those orders and the revocation orders from his OMPF; and 

	b.  revoking Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 025-00012, dated 25 January 1995, which awarded him the duplicate Army Good Conduct Medal for the period 2 October 1991 through 1 October 1994, and removing those orders and the revocation orders 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)                                         AR20100009284



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ABCMR Record of Proceedings (cont)                                         AR20100009284



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