RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070007906 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

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 award of the Army Good Conduct Medal, the Air Medal, the Parachute Rigger Badge, the Basic Parachutist Badge, and the Overseas Service Ribbon.

2.  The applicant states that he was recently informed by another veteran of the importance of adding his awards to his military records.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), dated 17 August 1978; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and a self-authored statement, dated 23 May 2007, detailing eligibility criteria for each of the above awards, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The Board noted the applicant's request for award of the Air Medal.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Air Medal under the provision of law.  As a result, award of the Air Medal requested by the applicant is not discussed further in these Proceedings.

3.  The applicant's records show that he enlisted in the Regular Army on 18 August 1975 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His records further show that he completed airborne training on 21 April 1977.  The highest rank he attained during this period of enlistment was specialist four/pay grade E-4.

4.  The applicant's records reveal a disciplinary history which includes his acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 14 April 1978 for being absent without leave (AWOL) during the period on or about 30 March 1978 through on or about 31 March 1978.  His punishment consisted of reduction to the grade of private first class/pay grade E-3 (suspended until 10 June 1978), forfeiture of $111 pay, and 7 days of extra duty.

5.  The applicant's records also show that he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 17 August 1978.  The DD Form 214 he was issued shows that he was released from active duty in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations) for completion of required service.  This form further shows he had completed 3 years of creditable active military service during this enlistment.  

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 17 August 1978 shows he was awarded the Expert Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 26 does not show award of the Good Conduct Medal or the Parachutist Badge.

7.  The applicant's records reveal an original diploma showing completion of airborne training at Fort Benning, Georgia, on 21 April 1977.  However, his records do not show orders awarding him the Parachutist Badge.

8.  After a short break in service, the applicant enlisted in the U.S. Army Reserve on 12 September 1980 in the rank of private first class/pay grade E-3 for a period of 3 years and later enlisted in the Regular Army on 30 October 1980 for a period of 3 years.  Upon executing this enlistment contract, the applicant indicated that he understood a prerequisite for training as a parachute rigger was that he volunteer for airborne duty. 

9.  On 3 December 1980, Headquarters, U.S. Army Quartermaster Center and Fort Lee, Fort Lee, Virginia, published Orders 236-88, awarding the applicant MOS 43E (Parachute Rigger).  

10.  While still at Fort Lee, Virginia, awaiting assignment instructions, the applicant's records reveal his acceptance of NJP under the provisions of Article 15 of the UCMJ on 17 February 1981 for wrongfully engaging in a fist fight with another Soldier on 11 February 1981.  His punishment consisted of forfeiture of $75 pay for one month, 7 days of restriction, and 7 days of extra duty. 

11.  On 13 April 1981, the applicant was reassigned on permanent change of station orders to Germany and was assigned to the 5th Quartermaster Company, 29th Area Support Group, Germany, as a Parachute Rigger.  He was subsequently authorized hazardous duty pay (parachutist) on 22 May 1981.
His records also contain a jump log which shows he performed three parachute jumps during the period 19 May 1981 through 23 June 1981.

12.  On 29 July 1981, the applicant applied for a hardship discharge in accordance with chapter 6 of Army Regulation 635-200 and on 13 August 1981, the separation authority approved the applicant's request for a discharge.  The DD Form 214 he was issued confirms he was honorably discharged on 21 August 1981 in accordance with chapter 6 of Army Regulation 635-200.  He had completed 9 months and 14 days of creditable active military service during this enlistment.  The form further shows that he was awarded the Army Service Ribbon.  The form does not show award of the Parachute Rigger Badge, the Basic Parachutist Badge, or the Overseas Service Ribbon. 

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

14.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

15.  Army Regulation 600-8-22, 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.

16.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

17.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for Korea which is 24 months if accompanied by dependents and 12 months for all others.

18.  Army Regulation 614-30, Table 3-2 [Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)] states, in pertinent part, that a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Parachute Rigger Badge are as follows.  Any individual who successfully completes the Parachute Rigger course conducted by the U.S. Army Quartermaster School and holds an awarded MOS of 43E (enlisted) or 401A (warrant officers) may be awarded the Parachute Rigger Badge.  Officers qualify upon successful completion of one of the following courses: Aerial Delivery and Materiel Officer Course; Parachute Maintenance and Aerial Supply Officer Course; Parachute Maintenance and Airdrop Course (officer or enlisted) or Parachute Rigger Course (enlisted).  The Parachute Rigger Badge may be awarded retroactively to any individual who graduated from the Parachute Rigger School after May 1951 and holds or at anytime held an awarded MOS listed above. Officers must have successfully completed one of the courses listed above to qualify for retroactive award of the badge.  The badge may also be awarded retroactively to any individual who performed as a rigger prior to May 1951 and did not attend or graduate from the U.S. Army Quartermaster Center and School.  

20.  Army Regulation 611-201 (Military Occupational Classification and Structure) prescribes policies related to career management fields (CMF), military occupational specialty (MOS), skill qualification identifier (SQI), and additional skill identifier (ASI) and guidance on the use of these codes in the classification of enlisted positions and personnel.  It provides in pertinent part that an individual must successfully complete airborne training before attending training as a parachute rigger and qualify for award of MOS 43E, and must remain in an active airborne status in order to serve in the MOS. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army Good Conduct Medal, the Parachute Rigger Badge, the Basic Parachutist Badge, and the Overseas Service Ribbon.

2.  Evidence of record shows that the applicant successfully completed the Parachute Rigger course conducted by the U.S. Army Quartermaster School and held an awarded MOS of 43E.  Therefore, he is entitled to award of the Parachute Rigger Badge and correction of his records to show this award.

3.  In the absence of orders awarding the applicant the Basic Parachutist Badge, it must be presumed that an administrative error occurred which caused the order not to be filed in his official records.  Evidence of record shows that he completed airborne training in April 1977, enlisted for a MOS that required him to perform airborne duty, possessed MOS 43E1P that indicated he was parachutist qualified, and actually conducted airborne operations on at least three occasions in 1981.  Accordingly, it must be presumed he was awarded the Basic Parachutist Badge and that the omission of that award was an administrative oversight. 

4.  Evidence of record shows that the applicant accepted NJP under the provisions of Article 15 of the UCMJ on 14 April 1978 for being AWOL during the period on or about 30 March 1978 through on or about 31 March 1978.  He did not distinguish himself by his conduct, efficiency and fidelity.  Therefore he is not entitled to award of the Good Conduct Medal.



5.  Evidence of record shows that the applicant was not credited with a completed overseas tour.  He served less than the normal prescribed overseas tour by reason of curtailment due to his voluntary request for a hardship discharge.  Therefore he is not entitled to award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __gjp___  __jgh___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Basic Parachutist Badge and the Parachute Rigger Badge.

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 Good Conduct Medal and the Overseas Service Ribbon.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007906
SUFFIX

RECON

DATE BOARDED
20071127
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.