IN THE CASE OF:	  

		BOARD DATE:	        06 JANUARY 2009

		DOCKET NUMBER:  AR20080014402 


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 he be awarded the Senior Parachutist Badge. 

2.  The applicant essentially states that he completed the Jumpmaster Course on 20 December 1968, and requests orders for the Senior Parachutist Badge [which the applicant informally referred to as Jumpmaster wings].  He also states, in effect, that all of his awards will be the treasures of his grandchildren.  He further states that he lives by honor and country and that he completed Jumpmaster training, and wishes to be buried with all of his awards, decorations, and badges. 

3.  The applicant provides a DD Form 215 (Correction to DD Form 214 [Certificate of Release or Discharge from Active Duty]) in support of this 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's military records show that he enlisted in the Regular Army on 16 January 1967.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He then completed airborne training and was awarded the basic Parachutist Badge. He departed for the Republic of Vietnam on 16 July 1967, and served with Company C, 2nd Battalion (Airborne), 327th Infantry.  He returned to the continental United States on or about 12 July 1968, and was reassigned to Fort Bragg, North Carolina, where he served with Company A, 3rd Battalion, 504th Infantry.  He completed the Jumpmaster Course on 20 December 1968.  On 
23 December 1969, he was honorably released from active duty.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty, as amended by a DD Form 215, dated 22 June 2004, shows that he was awarded the Bronze Star Medal with "V" (for Valor) Device and First Oak Leaf Cluster, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the basic Parachutist Badge. 

3.  The applicant's military records show that he was initially placed on jump status effective 29 May 1967 and served on jump status for at least 24 months.  They also show that he was awarded the basic Parachutist Badge and that he was awarded special qualification identifier "P" (for Parachutist) effective 16 June 1967.  Special orders, dated 14 January 1968, also show that he completed the Jumpmaster Course on 20 December 1968 and that he completed five jumps with combat equipment and one night jump.  However, his military records do not show that he completed 30 parachutes jumps, with 15 jumps with combat equipment, two night jumps with one as jumpmaster, and two mass tactical jumps which culminated in an airborne assault problem. 

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, the requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

5.  Army Regulation 600-8-22 also provides, in pertinent part, that award of the Senior Parachutist Badge requires a rating of excellent in character and efficiency, completion of 30 jumps (15 with combat equipment); two night jumps with one as jumpmaster; two mass tactical jumps culminating in an airborne assault problem with either a unit equivalent to a battalion or larger, a separate company battery, or an organic staff of regimental size or larger; graduation from the Jumpmaster Course; and service on jump status with an airborne unit or other organizations authorized parachutists for a total of at least 24 months.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

The applicant met some of the requirements for award of the Senior Parachutist Badge, such as completing the Jumpmaster Course and having served on jump status for at least 24 months.  However, the evidence of record does not show, and the applicant failed to provide evidence which shows that he met all of the prerequisites outlined in Army Regulation 600-8-22 for award of the Senior Parachutist Badge.  In view of the foregoing, there is no basis for awarding him the Senior Parachutist Badge in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20080014402



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ABCMR Record of Proceedings (cont)                                         AR20080014402



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