IN THE CASE OF:	  

		BOARD DATE:	  19 February 2009

		DOCKET NUMBER:  AR20080012727 


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, airborne training, and airborne service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Form 214 does not show his airborne training at Fort Benning, Georgia, nor that he served in jump status with the 519th Military Intelligence Battalion at Fort Bragg, North Carolina, from August 1962 until December 1963.

3.  The applicant adds that his airborne training has always been a source of pride and constitutes a bond between him and his airborne brothers.  He believes that the omission was due to an oversight and not updating the personnel file promptly.  He would appreciate acknowledgement of his airborne status for the sake of his family.

4.  In support of his request, the applicant submitted a self-authored addendum to his DD Form 149 (Application for Correction of Military Record), a copy of the certificate he received upon completion of the Airborne Course on 17 August 1962, a copy of his DD Form 214, and a copy of pages 2 and 3 of his DA Form 24 (Service Record).


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 military records show he enlisted in the Regular Army on 28 August 1961.  The applicant underwent his basic combat and his advanced individual training at Fort Dix, New Jersey.  Upon completion of his training, he was awarded military occupational specialty (MOS) 710 (Clerk) on 3 November 1961.

3.  The applicant was honorably released from active duty in the rank and pay grade of specialist five, E-5, on 8 January 1965, under the provisions of Army Regulation 635-205 (Personnel Separations - Discharge and Release, Convenience of the Government), paragraph 7, due to early separation of an overseas returnee.  On the date of his release from active duty, the applicant had completed 3 years, 4 months, and 11 days of active military service.

4.  Item 25a (Specialty Number and Title) of the applicant's DD Form 214 shows the applicant's MOS on his release from active duty was "711.2705."

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle), and the Armed Forces Outstanding Unit Award.  No other awards are shown on his DD Form 214.

6.  Item 27 (Specialized Training) of the applicant's DA Form 20 (Enlisted Qualification Record) fails to show an entry for his completion of the Airborne Course.

7.  Item 34 (Remarks) of the applicant's DA Form 20 shows the entry, "Elig Prcht:  18 Aug 62."

8.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 shows the applicant's duty MOS for the period 7 March 1962 through 12 December 1963 while he was assigned to Company A (Linguist), 519th Military Intelligence Battalion, Fort Bragg, was "765.1705."

9.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 fails to show he was awarded the Parachutist Badge.

10.  The copy of the certificate for completion of the Airborne Course the applicant submitted shows he completed the Airborne Course on 17 August 1962.  This date corresponds with the date shown in item 34 of the applicant's DA Form 20.

11.  A 3AA Form 390 (Supplemental Personnel Data), dated 3 October 1962, on file in the applicant's personnel record shows in item 40a (Airborne Qualification/Date Airborne Qualified) that he attained airborne qualification.

12.  The applicant was reassigned to the U.S. Army Reserve Control Group (Reinforcement), XIII U.S. Army Corps (Reserve), Fort Devens, Massachusetts, on his release from active duty.  The applicant's standard name line in reassignment orders Special Orders Number 5 prepared by Headquarters, Fort Jackson, South Carolina, dated 7 January 1965, shows the applicant's MOS to be "711.2705."

13.  Army Regulation 600-8-22 (Personnel General - Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 
1995, and 11 September 2001 to a date to be determined.  

14.  Army Regulation 600-8-22 provides for award of the basic Parachutist Badge upon satisfactory completing the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

15.  Army Regulation 611-201 (Personnel Selection and Classification, Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time of the applicant's service shows the structure of the MOS code.  The first digit represents the broad occupations area into which all military jobs are classified for the purpose on initial selection.  The numeral "7" represents the "clerical" area.  The second digit, in combination with the first, normally identifies an entry group, which 


is one of the major divisions of an occupational area.  The third digit, in combination with the first two digits, represents the specific military occupational specialty without regard to level of skill.  The fourth digit, in combination with the preceding three digits, indicates the various specialist and noncommissioned officer skill levels within the MOS.  These skill level designations indicate the level of proficiency required in a specific job and the corresponding qualification of an individual.  The fifth digit, in combination with the preceding four digits, indicates special qualifications or individual qualifications not generally associated with a single MOS, but which are generally common to a large number of diverse specialties, as in the classification for Airborne Clerk (711.17).  Two additional digits are authorized for use with the five-digit MOS code to identify a specific language in which the Soldier has fluency/skill.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents) in effect at the time of the applicant's release from active duty states that in item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) enter service schools, including date and major courses which were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed the Basic Airborne Course on 17 August 1962.  It is believed the applicant was awarded the Parachutist Badge; however, it appears that award orders were not placed in and made a matter of permanent record in his service personnel record.

2.  Although Item 27 of the applicant's DA Form 20 fails to show an entry for his completion of the Airborne Course, it appears he is entitled to have this specialized training added to his DD Form 214.

3.  On the applicant's release from active duty, the Parachutist Badge was not transposed to his DD Form 214.  He is entitled to have the Parachutist Badge added to his DD Form 214.

4.  The evidence shows the applicant was awarded the numeral "7" as the fifth digit in his MOS to indicate he was airborne qualified.  The applicant's MOS on his assignment to the Reserve from the transfer point was 711.2705.  This MOS is shown on the applicant's DD Form 214 in item 25a.



5.  Section 4 of the applicant's DA Form 24 shows the applicant's duty MOS for the period 7 March 1962 through 12 December 1963, while he was assigned to Company A (Linguist), 519th Military Intelligence Battalion, Fort Bragg, was "765.1705"; however, there are no provisions for the making of entries on the DD Form 214 to chronologically show each assignment that a Soldier had during the period covered by the DD Form 214.  Therefore, the applicant is not entitled to a correction of his DD Form 214 to chronologically show his assignment with the 519th Military Intelligence Battalion and his airborne status in that organization.

6.  The evidence shows the applicant served honorably on active duty during one of the recognized periods for award of the National Defense Service Medal.  He is therefore entitled to award of the National Defense Service Medal and to have this award added to 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:

	a.  adding the Parachutist Badge and the National Defense Service Medal to the applicant's DD Form 214; and

	b.  correcting item 28 of the applicant's DD Form 214 to show he completed the Airborne Course, a three-week course, at Fort Benning, Georgia, on 18 August 1962.

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 making an entry on his 


DD Form 214 to show that he served in jump status with the 519th Military Intelligence Battalion at Fort Bragg, North Carolina, from August 1962 until December 1963.




      ___________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)                                         AR20080012727



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ABCMR Record of Proceedings (cont)                                         AR20080012727



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