BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160008058 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 BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160008058 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 expunging Orders 65-2818, United States Infantry School, Fort Benning, Georgia, dated 5 March 2008, from her official military personal file. ___________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. BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160008058 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 Orders 65-2818, dated 5 March 2008, be expunged from her official military personnel file (OMPF). 2. The applicant states that: a. Orders 65-2818, dated 5 March 2008, should have never been approved or uploaded into her OMPF according to Army Regulation (AR) 600-8-22 (Military Awards), paragraph 1-31a. This record is in her OMPF in error. She attended Airborne School in February 2008. However, she injured herself during her fourth parachute landing and could not complete the fifth jump required to earn the Parachutist Badge. She was medically released from training back to her place of duty at Fort Riley, KS. This injury is confirmed in the Senior Rater comments of her Officer Evaluation Report (OER) dated 7 July 2008. b. Five months later, in August 2008, she returned to Airborne School at Fort Benning, GA, and resumed training. She completed the fifth and final jump required for graduation and was awarded the Parachutist Badge in Permanent Orders 227-3257, dated 14 August 2008. She has properly worn her Airborne wings and served in an Airborne assignment since then. c. She would like Orders 65-2818 deleted from her OMPF because revocation carries a negative connotation, which is an injustice to her service record. It implies that she was awarded the Parachutist Badge but then it was revoked through some adverse action. d. She attempted to correct the error, but the U.S. Human Resources Command (HRC) directed her to the Army Board for Correction of Military Records (ABCMR). 3. The applicant provides: * Orders 65-2818, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 5 March 2008 * Permanent Orders 227-3257, U.S. Army Infantry Center, Fort Benning, GA, dated 14 August 2008 * DA Form 67-9 (OER) * Emails dated 26 and 27 April 2016 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 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 enlisted in the U.S. Army Reserve (USAR) for Officer Candidate School on 25 May 1999. 3. Order Number 021-040, issued by U.S. Army, HRC, Alexandria, VA, dated 21 January 2004, shows the applicant was promoted to captain (CPT)/O-3, in the Judge Advocate (JA) Branch, effective 1 February 2004. 4. The applicant provided a copy of her DA Form 67-9, for the period 7 February 2008 through 7 July 2008, which states, in part, “[applicant] fought her way back from a serious parachute injury, inspiring those around her in the process.” 5. Orders 65-2818, Headquarters, United States Infantry School, Fort Benning, Georgia, dated 5 March 2008, show that the applicant’s award of the Parachutist Badge on 21 February 2008 was revoked. 6. Permanent Orders 227-3257, Headquarters, United States Infantry School, Fort Benning, Georgia, dated 14 August 2008, show that the applicant was awarded the Parachutist Badge on 22 August 2008 for successful completion of Airborne training. 7. The applicant provided an email dated 27 April 2016 from the Office of the AG, Fort Leavenworth, KS, to HRC stating, “I think we may be a bit confused. The service member attended the school in 2008, but did not graduate due to injuries. She was never presented with an award from that school, because she was medically released…She did go back to school at a later date, and later graduated with an award. Therefore, the revocation, and award that are in her file are not going to match.” REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows that 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. In paragraph, 1-31, it states, for a Parachutist Badge, any Parachutist badge may be revoked when the awardee – a. Is punished under the Uniform Code of Military Justice (UCMJ) for refusal to participate in a parachute jump. b. Initiates action which results in termination of airborne status or withdrawal of any Career Management Field (CMF) 18 military occupational specialty (MOS), 180A or specialty skill identifier (SSI) 18A before he or she completes 36 cumulative months of airborne duty. Any Parachutist Badge with bronze star for a combat jump will be retained regardless of time on airborne status. Any Parachutist Badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions. DISCUSSION: 1. The applicant contends that Orders 65-2818, dated 5 March 2008, revoking the award of the Parachutist Badge should be deleted from her OMPF. Due to an injury in her fourth jump at Airborne School, she was medically released and unable to finish her fifth and final jump to qualify for her Parachutist Badge during that time. She states the document reflects negatively in her OMPF, implying that she received the badge and then it was revoked for some adverse action. 2. She was able to complete the school at a later date. Permanent Orders 227-3257, dated 14 August 2008, confirm she attended and completed Airborne Training at Fort Benning, GA and was awarded the Parachutist Badge on 22 August 2008. 3. It is reasonable to presume Orders 65-2818 may be confusing and/or reflect negatively on her. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008058 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008058 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2