RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 4, 2003
         DOCKET NUMBER: AR2003090309

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Allen L. Raub		Member
Mr. Kenneth W. Lapin		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his records be corrected by adding the Parachutist Badge and Special Qualification Identifier (SQI) P (Parachutist) to his military occupational specialty (MOS), and by showing that he completed a high school General Educational Development (GED) equivalency.

2. The applicant states, in effect, that his separation document (DD Form 214) does not reflect his training as a qualified parachutist at Fort Benning, Georgia or the severe neck injury that he sustained during jump week. He also states that the GED he achieved while he was in the Individual Ready Reserve is also not included on his DD Form 214.

3. The applicant provides a copy of his DD Form 214 and GED certification document in support of his application. He also indicates that he is providing a copy of a claim for service connection; however, this document was not attached to the application received at the Board.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors contained on his 2 June 1984 DD Form 214. The application submitted in this case is dated 10 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records show that he entered active duty in the Regular Army on 29 July 1980. His Personnel Qualification Record
(DA Form 2-1) shows that he was trained in and awarded MOS 05B
(Radio Operator). Item 17 (Civilian and Military Schools) shows that he had completed 10 years of civilian education at Hamilton High School as of 1980. It also shows that he completed the basic airborne course at Fort Benning, Georgia. Item 9 (Awards, Decorations, & Campaigns) indicates that he was awarded the Parachutist Badge.

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4. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 242-14, dated 17 December 1980, which authorized the applicant to perform hazardous Parachute duty. However, the MPRJ contains no documents that indicate he received a neck injury during the basic airborne course or at any other time during his tenure on active duty.

5. The applicant provides a copy of test results issued by the Official
GED Centers of the GED Testing Service of the American Council on Education. These results show that he passed the subject matter GED tests on 13 March 1984.

6. On 2 June 1982, the applicant was released from active duty under the provisions of paragraph 5-31 (Expeditious Discharge Program), Army Regulation 635-200, for failure to maintain acceptable standards. He received a general, under honorable conditions discharge and was transferred to the United States Army Reserve. At the time of his separation, he held the rank of private E-1 and he had completed a total of 1 year, 10 months, and 2 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the Army Service Ribbon and Marksman Marksmanship Qualification Badge as earned awards.

7. Army Regulation 614-200 prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel. Paragraph 5-3 contains guidance on awarding the SQI P. It states, in pertinent part, that the SQI P is awarded to soldiers who successfully complete airborne training and who are assigned to an airborne position.

8. Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that it 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. The DD Form 214 is not intended to have any legal effect on termination of a soldier's service.

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9. Chapter 2 of the separation documents regulation also provides item by item instructions for the completion of the DD Form 214. It states, in pertinent part, that for an enlisted soldier the entry in Item 11 (Primary Specialty) should specify the first 5 characters of the primary MOS code and the fifth character should indicate the SQI, if applicable. The instructions for completing Item 14 (Military Education) states that all formal in-service training courses successfully completed during the period of service covered by the DD Form 214 should be entered.

DISCUSSION AND CONCLUSIONS:

1. By regulation, the SQI P is awarded to soldiers who successfully complete airborne training and who are assigned to an airborne position. The evidence of record confirms that the applicant successfully completed the basic airborne course in December 1980, and as result was awarded the Parachutist Badge.

2. The record further shows that the applicant was assigned to hazardous Parachute duty on 10 December 1980, and that he served in an airborne position until his separation on 2 June 1982. Therefore, the SQI P should be added to the fifth character of the applicant’s MOS listed in Item 11 of his DD Form 214, and the Parachutist Badge should be added to the list of awards contained in Item 13 of the separation document.

3. By regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty. Although the evidence provided by the applicant confirms he completed the GED High School equivalency on 13 March 1984, this was almost two years after he was released from active duty. Therefore, since the DD Form 214 documents only events that took place during the period covered by the report, adding the GED completed by the applicant over a year after his release from active duty would not be appropriate.

4. The applicant’s claim that he suffered a neck injury while attending the basic airborne course was carefully considered. However, there is no evidence of record or independent evidence to corroborate this contention. Even if it were true, the applicant’s continued service subsequent to the completion of the basic airborne course indicates that the injury did not render him medically unfit for further service. Further, there are no provisions for documenting injuries or medical conditions on the DD Form 214.

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BOARD VOTE:

__KL___ __AR___ __WTM __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 2 June 1982 DD Form 214 to read as follows: Item 11 - “05B1P” vice 05B10; Item 13 - add the “Parachutist Badge”; and Item 14 - add the entry “Basic Airborne Course, 3 weeks, Dec 1980”; and by providing him a corrected separation document that includes these changes.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to documenting High School GED equivalency he completed subsequent to his release from active duty and the neck injury he claims to have received while attending the basic airborne course.




                  Walter T. Morrison
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090309
SUFFIX
RECON
DATE BOARDED	2003/12/04
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	1982/06/02
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	EDP
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.