IN THE CASE OF: BOARD DATE: 24 March 2011 DOCKET NUMBER: AR20100023548 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 award of the Parachutist Badge. 2. The applicant states it was an oversight on his part that he did not notice earlier that the Parachutist Bade was not listed on his DD Form 214. 3. The applicant provides copies of: * his 29 November 1989 reenlistment orders * his Army/Army Council on Education (ACE) Transcript System, issued on 8 September 2010 * his Army Training Requirements and Resources System (ATRRS) listing, printed on 8 September 2010 * his Army Training Transcript, dated 8 September 2010 * orders assigning him to the Retired Reserve effective 1 May 2005 * a memorandum to him, subject: Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter), dated 19 September 2005 * his DD Form 214 for the period ending 21 August 2003, as corrected by a DD Form 215 (Correction to DD Form 214), dated 11 September 2007 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's DD Form 214 shows he was honorably released from active duty on 21 August 2003 at the completion of required active service in the rank/grade of staff sergeant (SSG)/E-6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Parachutist Badge as an authorized award. 3. Army Regulation 600-8-22 (Military Awards) states 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. 4. He provides several transcripts and other documents which show he completed the Basic Airborne Training Course conducted from 23 March 1990 to 13 April 1990 at the U.S. Army Infantry School, Fort Benning, GA. 5. During the processing of this case, a staff of the Board requested verification from Fort Benning of the applicant's completion of the Basic Airborne Course, Class 22-90, conducted from 23 March 1990 to 13 April 1990. On 9 March 2011, a representative from the Academic Records Branch, Directorate of Operations and Training, Headquarters, Maneuver Center of Excellence, Fort Benning, stated that the applicant was released from the course for medical reasons and that he was in pay grade E-4 at the time of attendance. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows that the applicant did not complete the prescribed airborne training and, as such, he did not qualify for award of the Parachutist Badge. Therefore, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20100000695 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023548 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1