IN THE CASE OF:	  

		BOARD DATE:	    5 May 2011

		DOCKET NUMBER:  AR20100026573 


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 military records to show he completed the Basic Airborne Course.

2.  The applicant states he was assigned to the 82nd Airborne Division in duty that required parachutist qualification.

3.  The applicant provides copies of his DD Form 214, orders for airborne training, airborne jump manifest, pay chart, and tax statement.

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.  On 4 December 1967, the applicant was commissioned as a second lieutenant, Chemical Corps, U.S. Army Reserve (USAR) and entered active duty that date.

3.  Item 18 (Record of Assignments) of the applicant's DA Form 66 (Officer Qualification Record) shows that on 20 March 1968 he was assigned for duty as the Assistant S-3 [Operations Officer] for Headquarters and Headquarters Company, 307th Engineer Battalion (Airborne), Fort Bragg, NC.

4.  Letter Orders 3-103, issued by Headquarters, 82nd Airborne Division, Fort Bragg, dated 27 March 1968, placed the applicant on temporary duty to the U.S. Army Infantry School, Fort Benning, GA, for the purpose of attending the Basic Airborne Course for a period of 23 days, with a reporting date of 31 March 1968.

5.  Special Orders Number 93, issued by Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, dated 18 April 1968, assigned the applicant to hazardous duty for parachutist training effective 1 April 1968.  These orders also awarded the applicant the Parachutist Badge effective 18 April 1968.

6.  A DA Form 1306 (Statement of Jump and Loading Manifest), indicates the applicant made a parachute jump from a C-141 [type of aircraft] while in flight on 27 January 1969 at Holland Drop Zone located at Fort Bragg.

7.  On 13 January 1970, the applicant was released from active duty and he was transferred to the USAR Control Group (Annual Training).  He had attained the rank of first lieutenant and he had completed 2 years, 1 month, and 9 days of creditable active service as a commissioned officer.

8.  The applicant's DD Form 214 for the period ending 13 January 1970 shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the NDSM [National Defense Service Medal];

	b.  Item 25 (Education and Training Completed):

* Florida State University/Medical/4yrs/BA/66


* USA Infantry School/Tech/Infantry Officer Candidate/23 Weeks/Yes/67
* USA Chemical School/4th COO/5 Week/yes/68

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  Item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

	b.  Item 25, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant was awarded the Parachutist Badge indicating he had completed the Basic Airborne Course.  Therefore, his DD Form 214 should be corrected to show award of the Parachutist Badge and completion of airborne training in 1968.

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:

	a.  adding to Item 24 of his DD Form 214 the Parachutist Badge; and

	b.  adding to Item 25 of his DD Form 214 the entry "USA Infantry School/Basic Airborne Course/3 Weeks/1968."



      __________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)                                         AR20100026573



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ABCMR Record of Proceedings (cont)                                         AR20100026573



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