IN THE CASE OF:	  

		BOARD DATE:	       26 AUGUST 2009

		DOCKET NUMBER:  AR20090005444 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed airborne school.

2.  The applicant states that there is no entry of airborne school on his DD Form 214 or in his medical records.  He contends that he was sent to Fort Benning, Georgia, for airborne school.

3.  The applicant provides orders and a copy of his DD Form 214 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 enlisted in the Regular Army on 6 December 1983 and trained as in military occupational specialty (MOS) 72E (records telecommunications center operator).  On 10 April 1996, he was honorably discharged.

3.  Item 14 (Military Education) of the applicant's DD Form 214 does not show he completed airborne training.

4.  Headquarters, U.S. Army Infantry Center, Permanent Orders 222-29, dated 19 November 1991, show the applicant was awarded the Parachutist Badge on 29 November 1991 for successful completion of airborne training (a 3-week course).  His DD Form 214 does not show the Parachutist Badge.  Item             11 (Primary Specialty) shows his MOS as 72E2P, the "P" indicating he was still parachutist qualified as of the date of his separation.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The orders which show the applicant received the Parachutist Badge for successful completion of airborne training is accepted as sufficient evidence on which to amend item 14 of his DD Form 214 to show he completed airborne training in November 1991.

2.  As a related issue, it would also be appropriate to add the Parachutist Badge to his DD Form 214 at this time.
 
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 amending item 14 of his DD Form 214 to show he completed the 3-week airborne course in November 1991 and adding the Parachutist Badge to his DD Form 214.



      ___________XXX______________
                 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)                                         AR20090005444



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ABCMR Record of Proceedings (cont)                                         AR20090005444



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