IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080009543
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, in effect, that the Parachutist Badge be added to his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states that Block 27 (Remarks) of his DD Form 214 shows he completed Jump School at Fort Benning, Georgia. He also states that he completed 9 parachute jumps at Fort Campbell, Kentucky with the 101st Airborne Division.
3. The applicant provides a copy of his DD Form 214 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 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 and entered active duty on 15 January 1973. Following initial training he was awarded military occupational specialty (MOS) 95B (military police).
3. He completed the 3-week Jump School and Special Orders Number 102, dated 29 May 1973, issued by Headquarters, The School Brigade, U.S. Army Infantry School, Fort Benning authorized the "P" special qualification identifier as a parachutist and awarded him the Parachutist Badge. His MOS was changed to 95B1P.
4. The applicant progressed normally to pay grade E-4. He was placed in the primary zone on a 23 December 1975 recommended list for promotion to pay grade E-5. However, he completed his active duty obligation before he was promoted. There is no discreditable information of record.
5. Records show that the applicant received excellent conduct and efficiency ratings throughout his service on active duty. There is also no record of any disciplinary actions taken by his commanders.
6. On 14 January 1976, he was released from active duty with an honorable characterization of service. His 12 January 1976 separation orders list his MOS as 95B1PR3. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Pistol Bar.
7. Army Regulation 600-8-22 (Military Awards), paragraph 8-10 provides that the commander, Infantry School is the usual awarding authority for the Parachutist Badge. An individual must have completed the prescribed proficiency tests while assigned to an airborne unit or the Infantry School. Commanders of Major Army Commands are authorized to make the award to any individual who participates in at least one combat jump.
8. Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Parachutist Badge. There is no available evidence that it was revoked. Upon separation, he still held the "P" special skill identifier as a parachutist. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. There is no evidence that shows he was disqualified for award of the Army Good Conduct Medal. Therefore, it should be awarded to him and his DD Form 214 should be corrected to add this award.
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 all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal during the period 15 January 1973 to 14 January 1976; and
b. adding the Good Conduct Medal and Parachutist Badge to the authorized awards shown on his DD Form 214.
__________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) AR20080009543
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ABCMR Record of Proceedings (cont) AR20080009543
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