RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             DECEMBER 2, 2004
      DOCKET NUMBER:     AR2004105627


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Parachutist Badge be added
to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that he attended airborne school and
he wants his badge reflected on his DD Form 214.

3.  The applicant provides a copy of Permanent Orders 162-16, published by
Headquarters, U.S. Army Infantry Center, dated 21 August 1990, in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 10 July 1996.  The application submitted in this case is dated
11 March 2004.

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 enlisted in the US Army Reserve, Delayed Entry Program
(DEP), on 15 October 1982.  The applicant's military records show that he
enlisted in the Regular Army on 7 January 1983.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 17K (Ground Surveillance Radar Crewman).  The MOS was later
redesignated to MOS 96R, Ground Surveillance Systems Operator.

4.  The applicant continued to serve through a series of extensions of his
enlistment and one reenlistment and was honorably discharged, in the rank
and pay grade, Sergeant, E-5, on 10 July 1989, under the provision of Army
Regulation (AR) 635-200, Chapter 16, Paragraph 16-2A(1), to enter the
Reserve Officer Training (ROTC) Program.  On his release from active duty,
he had 6 years, 6 months, and 4 days active duty service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (all periods of service), of the applicant's DD Form
214, shows he received the following awards:  Rifle M-16 Expert
Qualification Badge//Drivers Badge (Wheel)//Air Assault Badge//Overseas
Service Ribbon//Army Service Ribbon//NCO Professional Development
Ribbon//Army Good Conduct Medal, 2d Award//Army Achievement Medal, 3d oak
leaf cluster//and the Army Commendation Medal.  The Parachutist Badge is
not shown on the applicant's DD Form 214.

6.  On 11 July 1989, the applicant enlisted in the U.S. Army Reserve (ROTC)
for a period of 6 years, in the pay grade of Cadet.

7.  Permanent Orders 162-16, published by Headquarters, U.S. Army Infantry
Center, dated 21 August 1990, shows that the applicant completed the
Airborne Course and was awarded the Parachutist Badge on 31 August 1990.

8.  Permanent Orders 162-16 identify the applicant as a Cadet.

9.  The DD Form 214 is an official document which summarizes a Soldier's
active duty service.  It is designed to provide a clear, brief record of
the Soldier's accomplishments up to the time of his release from active
duty, discharge or retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant earned the Parachutist Badge after the effective date of
separation shown on the DD Form 214.

2.  Only those decorations, medals, badges, citations and campaign ribbons
awarded or authorized for all periods of an applicant's service, up to the
separation date shown on a DD Form 214, are authorized for entry on the
separation document.  Those earned thereafter may be added to a
subsequently issued DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1996; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 July 1999.  However, the applicant did not file within the 3-
year statute of limitations
and has not provided a compelling explanation or evidence to show that it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

rjw _____  lvb  _____  teo _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____Raymond J. Wagner___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105627                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  166                 |107.0120                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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