RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 January 2007
      DOCKET NUMBER:  AR20060007749


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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, correction of his discharge document
to show award of the Parachutist Badge.

2.  The applicant states, in effect, that he believes an administrative
error was made at the time of his discharge because he completed "Jump"
school at Fort Campbell, Kentucky in 1955 and the Parachutist Badge is not
recorded on his discharge document.  In a self-authored statement the
applicant states, in effect, that his medical problems with his knees and
lower back began with a few hard landings during parachute jumps while
serving in the U.S. Army.  He also states, in effect, he was young, very
active in sports and hunting, and did not have his medical problems
attended to at the time.  He further states, in effect, over the years his
affected joints have slowly deteriorated and his movement is very limited
to walking short distances.  He also offers, in effect, that opinions he
has been given over the years by health officials indicate that his health
problems stem from service-connected injuries.

3.  The applicant provides a self-authored statement, undated; DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge), with
an effective date of 16 January 1958; Headquarters, 7th U.S. Army,
Redeployment Orders 12 S 38, dated 4 December 1957; 2-page Jump Record,
undated; letter from Ms. J____ S____, dated 6 July 2005; letter from Mr.
E_____ W_______, undated; note on the Prescription Pad of J____ B____
S____, M.D., dated
29 June 2005; and VA Form 21-526 (Veteran's Application for Compensation
and/or Pension), dated 12 June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 January 1958, the date of his release from active duty.  The
application submitted in this case is dated 31 March 2006.

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's military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members' records
at the National Personnel Records Center in 1973.  It is believed that the
applicant's records were lost or destroyed in that fire.  Available records
consist essentially of the applicant's DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
16 January 1958.

4.  The applicant's DD Form 214 shows that he entered active duty on
31 January 1955.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty 767.27 (General Supply Specialist).  Available records show that
he was assigned to Headquarters and Service Company, 127th Engineer
Battalion (Airborne Division) in Germany where he served for 1 year, 11
months, and
19 days.  The applicant was honorably released from active duty on 16
January 1958 after completing 2 years, 11 months, and 16 days total active
service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he was awarded the Good Conduct Medal.

6.  There are no orders in the applicant’s military service records that
show he was awarded the Parachutist Badge.

7.  In support of his application, the applicant provides a self-authored
statement; DD Form 214; Headquarters, 7th U.S. Army, Redeployment Orders; a
2-page Jump Record; letter from Ms. J____ S____; letter from Mr. E_____
W_______; note on the Prescription Pad of J____ B____ S____, M.D.; and VA
Form 21-526. The applicant's DD Form 214 and redeployment orders provide
evidence that he was assigned to Headquarters and Service Company, 127th
Engineer Battalion (Airborne Division) in Germany and that he redeployed to
the United States on
4 January 1958.  The Jump Record contains 28 line entries documenting
various parachute jumps from 25 July 1955 to 12 September 1957.  The letter
from the applicant's former spouse indicates, in effect, that the applicant
had a knee injury that he and his former spouse felt was related to his
paratrooper experiences.  The letter from Mr. W_______ relates that the
applicant traveled back and forth to work with him during the late 1960's
and early 1970's during which time the applicant's chronic knee and back
pain were often discussed.  The medical documents the applicant provides
relate to his request for medical records and his claim for VA
compensation.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth the requirements for award of the Parachutist Badge.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Parachutist Badge
because he completed "Jump" school at Fort Campbell, Kentucky in 1955.  In
support of his claim he provides, in pertinent part, evidence that he was
assigned to Headquarters and Service Company, 127th Engineer Battalion
(Airborne Division) in Germany and a copy of a Jump Record.  The
redeployment orders provide evidence that the applicant was assigned to an
airborne division.  The Jump Record documents 28 parachute jumps; however,
it offers no evidence as to whom the document pertains to and it is not
authenticated by an authorized Army official.

2.  There is no evidence of record that shows the applicant satisfactorily
completed the prescribed parachutist proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of the Infantry
School, or that he participated in at least one combat parachute jump.
There is also no evidence to show that the applicant was awarded the
Parachutist Badge.  Therefore, the applicant is not entitled to correction
of his discharge document to show award of the Parachutist Badge.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 January 1958; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 January 1961.  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

___KLW__  ___LWR   ___EIF__  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.




                                   ___Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007749                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19580116                                |
|DISCHARGE AUTHORITY     |AR 635-250 & AR 635-205, Paragraph 7    |
|DISCHARGE REASON        |Early Separation of Overseas Returnee   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0500.0000                           |
|2.                      |107.0120.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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