IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20110000507
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 the orders awarding him the Parachutist Badge be removed from his Official Military Personnel File (OMPF).
2. The applicant states that the 15 October 2000 orders awarding him the Parachutist Badge are invalid and should be removed from his OMPF because he did not complete the course (failed the Physical Training (PT) Test); however, the orders were incorrectly placed in his OMPF.
3. The applicant provides a copy of the orders in question.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army in New Orleans, Louisiana on 1 June 2000 for a period of 3 years, training under the Airborne Infantry Ranger Training Program, and a cash enlistment bonus.
2. He completed his one station unit training as an infantryman at Fort Benning, Georgia and remained at Fort Benning to attend airborne training in class 01-01 in October 2000.
3. The applicant was dropped from the course due to failure to meet the physical fitness requirements of the course. However, Permanent Orders Number 289-368 issued on 15 October 2000 by Headquarters, United States Army Infantry Center, Fort Benning, Georgia awarded him the Parachutist Badge effective 27 October 2000. Those orders are filed in the applicantÂ’s OMPF.
4. The applicant remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 October 2005.
5. It is also noted that the applicant was assigned to Fort Benning from 2004 to 2009 when he deployed to Iraq and his dependents currently reside in the Fort Benning area.
6. During the processing of this case a staff member of the Board contacted officials at Fort Benning to ascertain if the applicant had completed the course. Officials at Fort Benning confirmed that the applicant was dropped from the course due to physical training (PT) failure and there was no evidence to show that he returned to complete the course. Officials at Fort Benning further advised the staff member that the orders would be immediately revoked if a copy was provided to them.
7. The applicant originally applied to the Board in June 2010 requesting the removal of the orders and was advised to exhaust his administrative remedies by contacting officials at Fort Benning to revoke the orders. The applicant has not provided and the records do not contain any evidence that he attempted to exhaust his administrative remedies at any time since the orders were issued. The applicant is currently deployed to Iraq.
8. Army Regulation 600-8-104 serves as the authority for filing documents in the OMPF. It provides, in pertinent part, that orders awarding badges will be filed in the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant has provided no evidence of any attempts to have the orders awarding him the Parachutist Badge removed from his records prior to applying to this Board, even after being advised to do so, information obtained by the staff of the Board indicates that the orders awarding him the Parachutist Badge are not valid orders because he did not complete the course.
2. Therefore, since the orders are not valid and because he is currently serving in Iraq, this Board should now take action on his request.
3. Accordingly, it would be appropriate in this case to revoke the orders in question and to remove them from his OMPF.
4. Additionally, the applicant is reminded that it is his responsibility as a Soldier and a senior noncommissioned officer to monitor his records and to utilize the resources available to him at the lowest levels to correct errors in his records in a timely manner.
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:
* Revoking Permanent Orders Numbers 289-368 issued on 15 October 2000 by Headquarters, United States Army Infantry Center, Fort Benning, Georgia that awarded him the Parachutist Badge effective 27 October 2000.
* Removing those orders from his OMPF and ensuring the revocation orders are not filed 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) AR20110000507
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