RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080003053
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that the Parachutist Badge be added to, and his specialty be changed to 91B2P (parachutist qualified Medical Specialist) on, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 January 1966.
2. The applicant states that he completed airborne training in 1965.
3. The applicant provides his DD Forms 214 for the periods ending 1 October 1962, 29 July 1963, and 19 January 1966.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 2 March 1961. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 910.00 (later converted to MOS 91B).
3. On 23 June 1965, the applicant completed an airborne physical examination and was found qualified for airborne training.
4. The applicants discharge packet is not available. Army Discharge Review Board proceedings show that the applicant was arrested by civil authorities on 17 August 1965 and convicted in civil court on 26 October 1965.
5. On 19 January 1966, the applicant was discharged by reason of conviction by civil court. His DD Form 214 for the period ending 19 January 1966 does not show he was awarded the Parachutist Badge. Item 25a (Specialty Number and Title) shows his MOS and title as 91B2O Medical Specialist.
6. There are no orders in the applicants records showing he was awarded the Parachutist Badge or awarded special qualification identifier P (parachutist qualified).
7. Item 41 (Awards and Decorations) of the applicants DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Parachutist Badge. Item 22 (Military Occupational Specialties) shows his MOS as 91B2O. Item 27 (Military Education) does not show he attended airborne training. Item 28 (Specialist Training) does not show he attended airborne training.
DISCUSSION AND CONCLUSIONS:
The applicant completed an airborne physical examination on 23 June 1965 and was found qualified for airborne training. However, there is no evidence of record to show he attended and completed the airborne course before he was arrested by civil authorities on 17 August 1965. Therefore, there is no basis that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx ___ 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.
__ XXX____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080003053
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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