BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017948 


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 the Master Parachutist Badge.

2.  The applicant states he neglected to check his DD Form 214 when he retired.

3.  The applicant provides a copy of Special Orders Number 75, dated 2 April 1971, awarding him the Master Parachutist Badge 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 2 February 1959 and continued to serve on active duty until he was retired on 29 February 1992.

3.  Special Orders Number 75, dated 2 April 1971, show the applicant was awarded the Master Parachutist Badge on 26 March 1971.

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows the following parachute badges:

* Vietnam Parachutist Badge
* Basic Parachutist Badge
* Senior Parachutist Badge

5.  His retirement DD Form 214 does not show the Master Parachutist Badge as an authorized award.  Item 18 (Remarks) of his retirement DD Form 214 does show entitlement to the Senior Parachutist Badge.

6.  Army Regulation 600-8-22 (Military Awards) states three degrees of parachutist badges are authorized:  Parachutist Badge, Senior Parachutist Badge, and Master Parachutist Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's retirement DD Form 214 currently reflects the Senior Parachutist Badge.

2.  Orders show the applicant was awarded the Master Parachutist Badge.  This badge is the highest degree of the parachutist badges and should be added to his retirement DD Form 214.

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 deleting the Senior Parachutist Badge from his retirement DD Form 214 and replacing it with the Master Parachutist Badge.



      ____________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)                                         AR20090017948



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ABCMR Record of Proceedings (cont)                                         AR20090017948



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