RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20050000206


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Joint
Meritorious Unit Award (JMUA), the Army Superior Unit Award (ASUA), the
Master Parachutist Badge, the French Commando Badge, the Dutch Parachutist
Badge, the Dutch Sports Badge, the Honduran Parachutist Badge, and the
Expert Marksmanship Qualification Badge with Grenade Bar.  He also requests
correction of his DD Form 214 to show Special Qualification Identifier
(SQI) "S" and Language Identifiers LA (Spanish-American) and QB (Spanish).


2.  The applicant states, in effect, that his DD Form 214 should be amended
to show the awards he has earned and his additional skill identifiers.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 5 February 1997.  The application submitted in this case is dated 5
January 2005.

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 limitations 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 requested correction of his records to show award of the
French Commando Badge, the Dutch Parachutist Badge, the Dutch Sports Badge
and the Honduran Parachutist Badge.  There are no orders or other evidence
on file in his record authorizing him to accept and wear these foreign
badges.  In the absence of a proper authority for acceptance and wear of
these foreign badges, the applicant may submit a request for these foreign
badges to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA,
200 Stovall Street, Suite 3S67, Hoffman II, Alexandria, VA 22332-0474.  His
request should include an official translation of the awarding document.
As a result, these foreign badges will not be discussed further in this
Record of Proceedings.


4.  The applicant requested correction of his DD Form 214 to show award of
the JMUA and the ASUA.  However, his DD Form 214 reflects award of the JMUA
(Second Award) and the ASUA as authorized awards.  Therefore, these awards
will not be discussed further in this Record of Proceedings.

5.  The applicant enlisted in the Regular Army on 26 November 1985 for a
period of four years.  He completed basic training, basic airborne training
and advanced individual training.  After successful completion of advanced
individual training, he was awarded military occupational specialty (MOS)
43E (Parachute Rigger).  He served in Germany from June 1986 to June 1988
as a parachute packer.

6.  He was assigned to Honduras on 8 December 1988.

7.  The applicant was discharged on 24 April 1989 for the purpose of
immediate reenlistment.  He reenlisted on 25 April 1989 for a period of
five years.

8.  The applicant departed Honduras on 8 June 1989.

9.  The applicant was promoted to staff sergeant on 1 December 1993.

10.  Headquarters, United States Army South Orders Number 229-21 dated
3 October 1994 awarded the applicant primary MOS (PMOS) 96B3S0000 effective
3 October 1994.  These orders also withdrew his PMOS 96B3P0000.

11.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II)
shows he qualified as Expert with the M-16 Rifle on 15 February 1995.  His
DA Form 2-1 does not show he qualified as Expert with the Grenade.  There
are no orders in the applicant's personnel records which show he was
awarded the Expert Marksmanship Qualification Badge with Grenade Bar.

12.  A Certificate of Achievement dated 28 April 1995 shows the applicant
successfully completed the 7th Special Forces Group (Airborne) Jumpmaster
Course 95-1 during the period 10 April 1995 through 28 April 1995.

13.  The applicant was discharged on 4 May 1995 for the purpose of
immediate reenlistment.  He reenlisted on 5 May 1995 for a period of six
years.

14.  Item 35 (Record of Assignments) on the applicant's DA Form 2-1 shows
he served in duty MOS 96B3S from January 1995 through October 1995.

15.  The applicant's Change-of-Rater Noncommissioned Officer Evaluation
Report (NCOER) for the period June 1996 through January 1997 shows his duty
MOS as 96B3S and his principal duty title as "Intelligence Analyst."  The
rater marked "Success (Meets Standard)" under Part IV (f) (Responsibility
and Accountability) with the comment: "meets requirements for master
parachutist badge."

16.  The applicant's records contain a query from the Enlisted Distribution
Assignment System (EDAS) dated 7 November 1996 which shows his PMOS as
96B3P00LA.

17.  The applicant was discharged on 5 February 1997.  His DD Form 214
shows the Army Lapel Button, the Army Commendation Medal, the Army
Achievement Medal (Fourth Award), the JMUA (Second Award), the ASUA, the
Army Good Conduct Medal (Third Award), the National Defense Service Medal,
the Armed Forces Service Medal, the Humanitarian Service Medal, the NCO
Professional Development Ribbon with Numeral "2", the Army Service Ribbon,
the Overseas Service Ribbon (Second Award), the North Atlantic Treaty
Organization Medal, the Expert Marksmanship Qualification Badge with Rifle
Bar, the Parachutist Badge and the Parachute Rigger Badge as authorized
awards.

18.  The applicant's DD Form 214 shows the entry "96B3P INTELLIGENCE
ANALYST – 5 YRS – 7 MOS//43E00 PARACHUTE RIGGER - - 10 YRS - 8 MOS
//NOTHING FOLLOWS" in item 11 (Primary Specialty).

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the Master Parachutist Badge.  Award of the
Master Parachutist Badge requires a rating of excellent in character and
efficiency, completion of 65 jumps (25 with combat equipment, four night
jumps with one as jumpmaster, five mass tactical jumps culminating in an
airborne assault problem), graduation from the Jumpmaster Course, and
service on jump status for at least 36 months.

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

21.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record
of active Army service at the time of release from active duty, retirement
or discharge.  In pertinent part, it directs that the MOS codes, titles,
years, and months for warrant officers and enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Jumpmaster
Course in April 1995.  His NCOER for the period ending January 1997
indicated that he met the requirements for award of the Master Parachutist
Badge.  This evidence is sufficient as a basis for award of the Master
Parachutist Badge in this case.

2.  The applicant's Personnel Qualification Record shows he qualified as
Expert with the M-16 Rifle.  However, there is no evidence which shows he
qualified as Expert with the Grenade or that he was awarded the Expert
Marksmanship Qualification Badge with Grenade Bar.  Therefore, there is no
basis for granting him award of the Expert Marksmanship Qualification Badge
with Grenade Bar.

3.  Orders show the applicant was awarded PMOS 96B3S in October 1994.  At
that time, his PMOS 96B3P was withdrawn.  His Personnel Qualification
Record and his NCOER for the period ending January 1997 shows he served in
PMOS 96B3S (9 months and 8 months, respectively).  Therefore, it would be
appropriate to amend his DD Form 214 to show his PMOS as 96B3S.

4.  There are no orders which show the applicant was awarded the Language
Identifier LA.  However, a query dated 7 November 1996 from EDAS shows he
held Language Identifier LA as of that date.  This is accepted as
sufficient evidence to show he had been awarded Language Identifier LA.
Therefore, item 11 on this DD Form 214 should be amended to show he held
Language Identifier LA.  There is no evidence to show he held the generic
QB (Spanish) Language Identifier.  Therefore, there is no basis for showing
this identifier on his PMOS.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1997; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 February 2000.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

RB______  LF______  LD______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

      a.  by amending his DD Form 214 to show award of the Master
Parachutist Badge; and

      b.  by amending item 11 on his DD Form 214 to show his PMOS as
96B3S00LA.

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
correction of his DD Form 214 to show award of the French Commando Badge,
the Dutch Parachutist Badge, the Dutch Sports Badge, the Honduran
Parachutist Badge and the Expert Marksmanship Qualification Badge with
Grenade Bar.




                            Ronald Blakely________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000206                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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