IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080013398
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 be corrected to add the Army Good Conduct Medal (AGCM), the Parachutist Badge, and the Army Achievement Medal (AAM).
2. The applicant states that he is reentering the Army and would like his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be as correct as possible.
3. The applicant provides his DD Form 214, his AGCM certificate, his AAM certificate, and his Airborne Course Diploma, 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 requests his AAM be added to his DD Form 214. The applicant's 18 November 1988 DD Form 214 already shows award of the applicants AAM; therefore, there is no correction to be made on this issue. As such, this issue is not further discussed in these proceedings.
3. The applicants military records show that he enlisted in the Regular Army on 21 November 1984 and was awarded the military occupational specialty of light wheel vehicle mechanic.
4. On 14 January 1987, Headquarters, United States Army Infantry Center, Fort Benning, Georgia Orders 014-216, dated 14 January 1987 were issued to send the applicant to attend Airborne Training Class Number 14-87.
4. On 2 December 1987, the same headquarters issued Permanent Orders
231-10, dated 2 December 1987, awarding the applicant the AGCM for exemplary behavior, efficiency, and fidelity for the period 21 November 1984 thru 20 November 1987.
5. On 18 November 1988, the applicant was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued does not show that the applicant was awarded the AGCM or the Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AGCM by Permanent Orders 231-10. As such, it would be appropriate to add this award to his DD Form 214.
2. While the applicants records show that he was placed on orders to go to the Airborne Course, and he has submitted a Diploma for the course, there are no orders in his records awarding him the Parachutist Badge or the Special Qualification Identifier to designate parachutist qualification. As such, there is insufficient evidence in which to grant him the Parachutist Badge.
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 AGCM to his 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 adding the Parachutist Badge to 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) AR20080013398
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ABCMR Record of Proceedings (cont) AR20080013398
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