RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060015387 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

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 item 14 (Military Education), of his DD 
Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show that he graduated from the Advanced Airborne (Jumpmaster) course and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show that he was awarded the Venezuelan Jump Wings [correctly known as the Venezuelan Parachutist Badge]. 

2.  The applicant states, in effect, that a clerical error occurred and that orders for the foreign wings had not come down by the time of his discharge. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his certificate of achievement, from the 82nd Airborne Division, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 2 October 2001, the date of his discharge.  The application submitted in this case is dated 19 October 2006 but was received for processing on 2 November 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 record shows he enlisted in the Regular Army on 12 March 1996 and was trained in military occupational specialty (MOS), 13F, as a MSE (Mobile Subscriber Equipment) Network SW (Switching) Systems Operator.  He was promoted to specialist (SPC/E-4) effective 16 July 2001.  He served until he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(1).  

4.  Item 13, of his DD Form 214, does not show the Venezuela Parachutist Badge as an authorized award.
5.  There is no evidence in the applicant's military personnel records to show that he applied for and was given the authority to accept and wear the Venezuelan Parachutist Badge.  

6.  The applicant provides a copy of his Certificate of Achievement, from the 82nd Airborne Division, Fort Bragg, North Carolina, which shows that he completed the Jumpmaster Course, Class 10-00, on 21 July 2000, that was 2 weeks and 3 days in length.  This course was omitted from item 14, of the applicant's DD Form 214.

7.  On 26 April 2007, in a telephone conversation with the applicant, he admitted to a staff member he was never awarded the Venezuelan Parachutist Badge and that orders were not published by the time of his discharge.

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

9.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS (Continental United States)) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  The Venezuelan Parachutist Badge is listed in appendix D (Foreign Badges).

10.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part that item 13 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

11.  The same regulation states that item 14 (Military Education) will list formal, in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant alleges that a clerical error had occurred and the orders for the foreign wings, pertaining to, in effect, the Venezuelan Parachutist Badge, had not come down at the time of his discharge.  However, the applicant provided no evidence he applied for and was given the authority to accept and wear the Venezuelan Parachutist Badge.  Additionally, in a telephone conversation with a staff member, he admitted he had not received orders awarding him this award.  Therefore, there is insufficient evidence to approve or award the Venezuelan Parachutist Badge.

2.  In view of the fact of the applicant's admission, that he was never awarded the Venezuelan Parachutist Badge and that orders were not published by the time of his discharge, he is not entitled to have this Badge added to his DD Form 214. 

3.  The evidence of record shows that he completed the Jumpmaster Course, Class 10-00, at Fort Bragg, North Carolina, on 21 July 2000, which was 2 weeks and 3 days in length.  Therefore, he is entitled to correction of item 14, of his DD Form 214 to show this course.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 October 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 October 2004.  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:

________  ________  ________  GRANT FULL RELIEF 

__RTD__  __MJF __  __RML__  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 by showing the entry "Jumpmaster Course, 2 weeks, July 2000" in item 4 (Military Education), of his DD Form 214.

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 award of the Venezuelan Parachutist Badge.




____Richard T. Dunbar_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015387
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070503
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
20011002
DISCHARGE AUTHORITY
AR 635-200, chapt 14, paragraph 14-12c(1)
DISCHARGE REASON

BOARD DECISION
GRANT//DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.