IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016343 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016343 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the following orders from the performance folder of his official military personnel file: * Permanent Orders 332-315, issued by Headquarters, United States Army Infantry Center, Fort Benning, GA, on 28 November 1999 * Permanent Orders 39-16, issued by United States Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC, on 8 February 2007 _____________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. IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150016343 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 the removal of the following orders from his official military personnel file (OMPF): * Permanent Orders 332-315 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 28 November 1999 * Permanent Orders 39-16 issued by U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC, dated 8 February 2007 2. The applicant states: a. He attended the Army Airborne School in November 1999 and sustained an injury and did not complete the course; however, orders awarding him the Parachutist Badge were uploaded to his records. In November 2002, he attended the school again and successfully completed the course and received orders, which were also uploaded to his records. b. He attended the Special Forces Combat Diver Qualification Course in the January-February 2007 timeframe and did not complete the course due to academic failure; however, orders awarding him the Diver Badge were prepared and uploaded to his records. He recycled into the following class and successfully completed the course in April 2007. c. He departed both of the courses occurred very late in the curriculum; therefore, he believes both schools inadvertently submitted requests for orders prior to the final weeks of training and its subsequent notification of completion. 3. The applicant provides no additional evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant is a Regular Army first sergeant who entered active duty on 27 July 1999. He currently holds military occupational specialty 18E (Special Forces Communications Sergeant) and is assigned to 2nd Battalion, 19th Special Forces Group (Airborne), Kenova, WV. 3. The applicant's OMPF contains the following orders, listed chronologically by order date: a. Permanent Orders 332-315, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA on 28 November 1999, which awarded him the Parachutist Badge for the successful completion of Airborne training for the period of service ending 10 December 1999. b. Permanent Orders 336-3101, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA on 2 December 2002, which awarded him the Parachutist Badge for successful completion of Airborne training for the period of service ending 6 December 2002. c. Permanent Orders 39-16, issued by the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC on 8 February 2007, which awarded him the Special Operations Diver Badge for graduating from the Special Forces Combat Diver Qualification Course (00207) during the period 15 January 2007 through 23 February 2007. d. Permanent Orders 109-1, issued by the U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, NC on 19 April 2007, which awarded him the Special Operations Diver Badge for graduating from the Special Forces Combat Diver Qualification Course (00307) during the period 12 March 2007 through 20 April 2007. 4. The applicant's OMPF contains the following certificates regarding these courses: * Airborne Course Diploma for completion of the course on 6 December 2002 * Special Forces Combat Diver Qualification Graduate Diploma for the period 12 March 2007 to 20 April 2007 REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Record Management) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. It provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. The Army Board for Correction of Military Records may direct the removal or movement of documents filed in the OMPF in the interest of justice or equity. DISCUSSION: 1. The applicant states he attended the airborne training course and the diver qualification course and on both occasions did not complete the course. However, in both instances, permanent orders announcing he had successfully completed the courses were filed in his OMPF. 2. The applicant states he did attend the courses at later dates and successfully completed them and permanent orders announcing his successful completion were filed in his OMPF, thereby causing duplication in his OMPF. 3. The purpose of maintaining the OMPF is to protect the interests of both the 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. 4. It is reasonable to presume that orders were already published by both schools in anticipation of successful completion of the courses in contention and were erroneously filed in the applicant's OMPF. These orders (Permanent Orders 332-315, dated 28 November 1999, and Permanent Orders 39-16, dated 8 February 2007) were erroneously filed in the applicant's OMPF. The evidence supports removing these documents from his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016343 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016343 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2