RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070013439 


	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. John Infante

Chairperson

Mr. Eric N. Anderson

Member

Mr. David K. Haasenritter

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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Parachutist Badge and the Good Conduct Medal. 

2.  The applicant states that he voluntarily surrendered his parachutist qualifications so he could join the 1st Infantry Division in Germany for two years.  He further adds that a minor indiscipline resulted in the loss of his Good Conduct Medal.

3.  The applicant provides a copy of his certificate of qualification as a parachutist dated 2 December 1948, and a copy of certificate of qualification as a qualified glider, dated 3 September 1948, 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 applicant's complete military records are not available 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.  However, those remaining documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's records show that he enlisted in the Regular Army on 1 July 1948 in Flushing, New York, in military occupational specialty (MOS) 4345 (Light Truck Driver).  His records further show that he completed glider training on 3 September 1948 and airborne training on 2 December 1948.  The highest rank he attained during his military service was private first class/E-3 (Temporary).  He was honorably discharged in the rank of private/E-2 (Permanent) on 12 July 1952.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army of Occupation Medal, Japan and Germany.  Item 27 does not show award of the Parachutist Badge or the Good Conduct Medal.

5.  The applicant's records do not contain General Orders awarding him the Good Conduct Medal. 

6.  On 24 June 1949, the applicant pled guilty at a Summary Court-Martial for wrongfully refusing to participate in a training jump by parachute from a plane on or about 23 June 1949, while a member of Headquarters Company, 1st Battalion, 187th Gilder Infantry, Fort Campbell, Kentucky.  He was sentenced to a reprimand and reduction to the grade of private, and was disrated as a parachutist.  

7.  Section 9 (Remarks-Administrative) of the applicant's Service Records shows that on 24 June 1949, he was disrated as a parachutist per paragraph 12, Special Orders 100, Headquarters, 187th Glider Infantry, Fort Campbell, Kentucky, dated 29 June 1945. 

8.  Section 13 (Records of Trials by Court-Martial) of the applicant's Service Records shows two entries of Summary Court-Martial, one of which was on 24 June 1949, for wrongfully refusing to participate in a training jump by parachute from a plane on or about 23 June 1949.  He was sentenced to a reprimand and reduction to 7th grade (private). 

9.  Section 22 (Duty for Which Additional Pay is Authorized, Including Flying, Glider, Qualification in Arms, Sea Duty, Diving, Parachute, etc) of the applicant's Service Record shows that he was qualified as a parachutist on 15 December 1948 and disqualified/discontinued on 24 January 1949. 

10.  On 7 May 1952, Court-Martial charges were preferred against the applicant for on or about 1300 hours, 3 May 1952, without proper authority, failing to go at the time prescribed to his appointed place of duty.  

11.  On 13 May 1952, the applicant pled guilty at a Summary Court-Martial for failing to go to his appointed place of duty.  He was sentenced to reduction to the grade of private/E-2 and forfeiture of $45.00 pay.
12.  Section 13 (Records of Trials by Court-Martial) of the applicant's Service Records shows a second entry for a Summary Courts-Martial on 13 May 1952, for failing to go to his appointed place of duty on or about 3 May 1952.  He was sentenced to reduction to private/E-2 and forfeiture of $45 pay .

13.  Section 24 (Endorsements) of the applicant's Service Records shows the following character and efficiency rating during his military career:

	Date				Character		Efficiency
	14 September 1948		Not Observed	Not Observed
	12 October 1948		Unknown		Unknown
	3 November 1948		Unknown		Unknown
	6 November 1948		Unknown		Unknown
	15 September 1949		Excellent		Excellent
	11 October 1949		Unknown		Unknown
	12 January 1950		Excellent		Excellent
	1 March 1950		Unknown		Unknown
	25 June 1950		Very Good		Excellent
	10 August 1950		Unknown		Unknown
	27 August 1950		Unknown		Unknown
	20 June 1952		Excellent		Excellent

14.  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.

15.  Army Regulation 672-5-1 (Military Awards), dated 3 May 1961, provided that any Parachutist Badge may be revoked when the awardee (a) is convicted by court-martial for refusal to participate in a parachute jump; or (b) initiates, in his initial tour of airborne duty, action which results in termination of his airborne status prior to his completion of 18 consecutive months of airborne duty.  Currently, Army Regulation 600-8-22 governs award of the Parachutist Badge and contains in Paragraph 1-30 the provisions for revocation of the Parachutist Badge if termination is initiated prior to completion of 36 months of cumulative airborne duty.



16.  82nd Airborne Division Regulation 611-7 (Airborne Status) replaced 82nd Airborne Division Memorandum 611-1.  This regulation prescribes the current policies and standard procedures for deliberate, command and medical termination of airborne status by Soldiers, non commissioned officers and officers.  The regulation requires the unit commander and other members of the chain of command to counsel the terminee regarding the consequences of his actions.  The regulation also provides that the Division Commander may revoke award of a parachutist badge when a Soldier, non commissioned officer or officer is punished under provisions of the Uniform Code of Military Justice (UCMJ) or initiates action which results on the termination of airborne status prior to the completion of the required months in a parachutist position.  The current standard is 36 cumulative months in a parachutist position.  

17.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

18.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.






DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant's parachutist status was terminated as a result of conviction by a Court-Martial for refusing to jump with his unit on 23 June 1949.  Once the Parachutist Badge is revoked, it can not be a reinstated.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Parachutist Badge.

2.  Evidence of record shows that the applicant was twice convicted by a Court-Martial.  Conviction by Court-Martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by Court-Martial.  The immediate unit commander’s decision to award the Good Conduct Medal is based on his/her personal knowledge and of the individual’s official records for periods of service.  

3.  Throughout a qualifying period, each enlisted Soldier must willingly comply with the demands of the military environment, be loyal and obedient to their superiors, faithfully support the goals of their organization and the Army, and conduct themselves in such an exemplary manner as to distinguish them from their fellow Soldiers.  

4.  It appears that the applicant's Courts-Martial clearly disqualified him from being awarded the Good Conduct Medal.  It also appears that the immediate commander did not make a positive recommendation for its award and the awarding authority did not announce it in General Orders.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ji____  __ena___  __dkh___  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.




							John Infante
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.