RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060010998
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Thomas M. Ray
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. James R. Hastie
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Honduras Parachutist Badge and his overseas service.
2. The applicant states that his DD form 214 does not reflect award of the Honduras Parachutist Badge or his overseas service in Honduras.
3. The applicant provides a copy of his DD Form 214, award certificate for the Honduras Parachutist Badge, Cabanas 86 Certificate, Army Achievement Medal Certificate, and Certificate of Achievement.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 7 July 1987. The application submitted in this case is dated
27 July 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 applicants failure to timely file.
3. On 8 September 1983, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 62E1O (Heavy Construction Equipment Operator).
4. The applicant completed the Basic Airbone Course at Fort Benning, Georgia in 1984 and was subsequently assigned for duty as a heavy equipment operator with the 27th Engineer Battalion at Fort Bragg, North Carolina.
5. The 27th Engineer Battalion participated in Phase I of the Joint Chiefs of Staff exercise, Cabanas 86 while assigned to Task Force Tiger in Honduras, Central America, from 25 February to 7 May 1986. The applicant received a certificate dated 7 May 1986, for his diligent work and professionalism during this period.
6. On 16 April 1986, the applicant received a certificate from the Honduras School of Parachuting for his satisfactory completion of the requirements for award of the Honduras Parachutist Badge.
7. On 7 July 1987, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E4 and completed 3 years and 10 months of creditable active duty.
8. Item12f (Record of foreign Service) of the applicant's DD Form 214, shows no foreign service.
9. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the Army Achievement Medal, Army Good Conduct Medal, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Service Ribbon and the Army Lapel Pin. It does not list the Honduras Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant served in Honduras during the period from 25 February to 7 May 1986 (2 months and 13 days), and that he was awarded the Honduras Parachutist Badge.
2. Therefore, the applicant's records should be corrected to show this award and overseas service.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 July 1987; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
6 July 1990. The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
___JCR_ __JRH___ __TMR__ 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 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:
a. showing in Item 12f of his DD Form 214, his foreign service as
2 months and 13 days; and
b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Honduras Parachutist Badge
__ Thomas M. Ray_______
CHAIRPERSON
INDEX
CASE ID
AR20060010998
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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