IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080005615
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his separation document (DD Form 214) be corrected to show that he completed airborne training, that he was awarded the Parachutist Badge, and that his unit was the 47th Engineer Battalion (Combat Airborne).
2. The applicant states that he is very proud of his airborne status and Parachutist Badge but has no official way of proving his airborne status.
3. The applicant provides his DD Form 214, his Airborne Course Diploma, dated 19 September 1968, a military pay voucher showing he was authorized parachute pay, and a letter of appreciation.
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 applicants military records show that he enlisted in the Regular Army on 12 March 1968. He was awarded the military occupational specialty of combat engineer. Although his records do not reflect the dates of his attendance at the Airborne Course, Fort Benning, Georgia, Special Orders Number 232, dated 20 September 1968, awarded the applicant the Parachutist Badge and the Special Qualification Identifier P for parachutist.
3. The applicant was assigned to Company B, 47th Engineer Battalion (Combat Airborne) for the remainder of his enlistment.
4. On 19 January 1972, he was honorably released from active duty and his unit was listed as the 47th Engineer Battalion. While the DD Form 214, he was issued shows the Special Qualification Identifier P for parachutist, it does not show he completed the Airborne Course or that he was awarded the Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicants records contain orders which confirm he completed the Airborne Course and was awarded the Parachutist Badge. As such, it would be appropriate to add these to his DD Form 214.
2. While the applicants unit is correctly listed on his DD Form 214, the unit does not have its designation of (Combat Airborne) entered. It would be appropriate for the applicants unit designation to be shown on his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ 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. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding the award of the Parachutist Badge in Item 24, adding the Airborne Course to Item 25, and adding (Combat Airborne) to his unit in Item 12.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005615
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ABCMR Record of Proceedings (cont) AR20080005615
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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