PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  4 June 2002
	DOCKET NUMBER:  AR2002067424

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Regan K. Smith 		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that Permanent Orders 99-14, dated 9 April 2001, and Permanent Orders 157-8, dated 6 June 2001, be removed from his Performance Fiche, Commendatory Data Section, of his Official Military Personnel File (OMPF).

3.  The applicant states that the above referenced orders were for the award of the Military Free Fall (MFF) Jumpmaster Parachutist Badge and for orders revoking the award.  He is not qualified as MFF Jumpmaster and therefore the issuance of orders awarding him the award was incorrect.  Orders revoking the award published after the mistake was found are also located on his OMPF due to no fault of his own, which gives a false impression of derogatory action.  In support of his application, he submits a copy of Permanent Orders 99-14, dated 9 April 2001, and a copy of Permanent Orders 157-8, dated 6 June 2001.

4.  The applicant’s military records show he enlisted on 28 August 1985, as a light weapons infantryman.  He continues to serve on active duty in the rank of sergeant first class.

5.  The applicant provided copies of Permanent Orders 99-14, dated 9 April 2001, which awarded him the MFF Jumpmaster Parachutist Badge and Permanent Orders 157-8, dated 6 June 2001, which revoked the award of the MFF Jumpmaster Parachutist Badge.

6.  A review of the applicant’s records failed to show that he satisfactorily completed a prescribed military free fall jumpmaster program of instruction approved by the US Army John F. Kennedy Special Warfare Center and School.

7.  The Commander in Chief, US Special Operations Command is the approval authority for award of the MFF Jumpmaster Parachutist Badge.  Award of the
Jumpmaster Parachutist Badge requires that an individual satisfactorily complete a prescribed military free fall jumpmaster program of instruction approved by the US Army John F. Kennedy Special Warfare Center and School.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was not entitled to award of the MFF Jumpmaster Parachutist Badge.  The evidence also shows that orders were published awarding the applicant the award of the MFF Jumpmaster Parachutist Badge, which were incorrect and were later revoked.  Therefore, he
is entitled to removal of Permanent Orders 99-14, dated 9 April 2001, and Permanent Orders 157-8, dated 6 June 2001, from his OMPF.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by expunging Permanent Orders 99-14, dated 9 April 2001, and Permanent Orders 157-8, dated 6 June 2001, from the OMPF of the individual concerned.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067424	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	active duty	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  267		
2.		
3.		
4.		
5.		
6.