IN THE CASE OF:	  

		BOARD DATE:	        30 OCTOBER 2008

		DOCKET NUMBER:  AR20080011733 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Parachutist Badge and completion of the Basic Airborne Course.

2.  The applicant states, in effect, that he completed the airborne course and was awarded the Parachutist Badge.  This information was omitted from his DD Form 214 in retaliation from his unit for terminating his jump status. 

3.  The applicant provides a copy of the airborne course completion certificate, 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 served in the Regular Army from 26 October 1961 through
17 September 1964.  He was trained in, awarded, and served in military occupational specialty (MOS) 111.07 (Light Weapons Infantryman/Parachutist).  On 17 September 1964, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory military obligation.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he completed the 3-week Basic Airborne Course on 13 April 1962.  The applicant provided a copy of his completion certificate.  

4.  On 23 November 1962, the applicant voluntarily requested reassignment to a non-airborne unit.  He indicated that he understood that the special qualification digit "7" would be withdrawn from his MOS, that he would be prevented from further airborne duty and training, and that he would be reported to higher headquarters as being non-airborne qualified.  

5.  On 28 November 1962, his request for reassignment to a non-airborne unit was denied because Army regulations required that he remain assigned to an airborne unit for a period of 12 months after completion of basic airborne training.  
6.  The applicant served in the Republic of Vietnam (RVN) from 2 June 1962 through 16 September 1964.  He initially performed duties as an auto rifleman with Company A, 2nd Airborne Battle Group (Reinforced), 503rd Infantry.

7.  On 20 March 1963, the applicant again requested reassignment to a non-airborne unit.  He indicated that he understood that the special qualification digit "7" would be withdrawn from his MOS, that he would be prevented from further airborne duty and training, and that he would be reported to higher headquarters as being non-airborne qualified.  

8.  On 25 March 1963, his request was denied because he was holding a position as an auto rifleman, a critically understrength MOS.  However, Special Orders Number 85, Headquarters, 2nd Airborne Battle Group (Reinforced), 503rd Infantry, dated 9 April 1963, withdrew MOS 111.07 and awarded MOS 111.00 (Light Weapons Infantryman), terminated his parachute status, and revoked his Parachutist Badge.  He was also reassigned to the 267th Chemical Platoon where he performed duties as a rifleman.




9.  The applicant's DA Form 20, Item 15 (Assignment Limitations), was annotated with "Deliberate Abn Terminee – Not eligible for further Abn Dy or Tng – UP AR 672-5-1."  In Item 34 (Remarks) it was noted that "ELIG PRCHT TERM 5 Apr 63 – VOL TERM PERM DISQUAL FR FUTURE ABN TNG OR DY."

10.  Army Regulation 635-5 (Separation Documents), prescribes the policies and procedures regarding separation documents (DD Forms 214 and 215).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 states to list awards and decorations for all periods of service in the priority sequence specified in AR
600-8-22 (Military Awards).  Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) states to list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  Each entry will be verified by the individual's service record.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 1-30c(2) states, in pertinent part, that a parachutist badge may be revoked when the awardee is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump or when he or she initiates action which results in the termination of airborne status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant successfully completed the Basic Airborne Course on 13 April 1962.  In November 1962, he initiated his first request to terminate his airborne status and was denied.  He again voluntarily requested reassignment to a non-airborne unit in March 1963, and his request was granted.  In making his request, the applicant acknowledged that the special qualification digit "7" would be withdrawn from his MOS.  Upon the granting of his request, his Parachutist Badge was revoked.  Therefore, he is not entitled to have his record corrected to show the Parachutist Badge.  The applicant contends that the information was omitted from his DD Form 214 in retaliation; however, in accordance with Army regulations his Parachutist Badge was revoked by official orders and he was not entitled to have it listed on his DD Form 214.

2.  The applicant did successfully complete the Basic Airborne Course.  Therefore, he is entitled to have this course shown in Item 28 of his DD Form 214.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  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  adding the "Basic Airborne Course, 3 weeks, April 1962" in Item 28 of the DD Form 214.

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 correcting his record to show award of the Parachutist Badge.



      _________XXX_____________
               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)                                         AR20080011733



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ABCMR Record of Proceedings (cont)                                         AR20080011733



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