IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080016801
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, award of the Military Free Fall Parachutist Badge and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, he believes his records should be corrected to show this award. He also states that the award was under review, but it was not approved prior to his retirement. He just learned that this award could be awarded post retirement.
3. In support of his application, the applicant provides copies of his US Army Institute for Military Assistance Diploma, his parachutist hazardous duty orders, his US Army John F. Kennedy Special Warfare Center Certificate, his Military Free Fall Jumpmaster Course completion card, his military occupational specialty (MOS) award orders, and his DD Form 214.
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's military record shows he enlisted in the Regular Army, in pay grade E-5, on 2 January 1979, with prior enlisted service.
3. The applicant submits a copy of his US Army Institute for Military Assistance Diploma that shows he graduated from the Special Forces Military Free Fall Parachutist Course on 9 March 1981.
4. The applicant also submits a copy of Orders Number 93-74, dated 11 May 1984, authorizing his performance of parachute hazardous duty effective the same date.
5. The applicant submits a copy of his US Army John F. Kennedy Special Warfare Center Certificate that shows he completed the Special Forces Military Free Fall Jumpmaster Course on 17 January 1986. His DD Form 214 also shows he completed this course in 1986.
6. The applicant was honorably separated from active duty, in pay grade E-8, on 30 June 1990, for the purpose of retirement. Entries on his DD Form 214, Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) list the following awards: the National Defense Service Medal; the Meritorious Service Medal, the Army Commendation Medal with second Oak Leaf Cluster, the Army Achievement Medal, the Armed Forces Expeditionary Medal, the Army Good Conduct Medal (6th Award), the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon (2), the Noncommissioned Officer Professional Development Ribbon, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Drill Sergeant Identification Badge, the Expert Infantryman Badge, the Special Forces Tab, the Master Parachutist Badge, the Pathfinder Badge, and the Thai Parachutist Badge.
7. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the Military Free Fall Parachutist Badge. Two degrees of the Military Free Fall Parachutist Badges are authorized for award, the Basic and Jumpmaster. Award of the Military Free Fall Parachutist Badge, Basic, requires that an individual must meet one of the following criteria: (1) have satisfactorily completed a prescribed program of instruction in military free fall approved by the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWC&S); or (2) have executed a military free fall combat jump. Award of the Military Free Fall Parachutist Badge, Jumpmaster, requires that an individual must have satisfactorily completed a prescribed military free fall jumpmaster program approved by the USAJFKSWC&S.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant completed the Special Forces Military Free Fall Parachutist Course and the Special Forces Military Free Fall Jumpmaster Course for award of the Military Free Fall Parachutist Badge, Basic, and the Military Free Fall Parachutist Badge, Jumpmaster. Therefore, it would be appropriate to award these badges to the applicant and to correct his DD Form 214 to show these awards.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 awarding the individual concerned the Military Free Fall Parachutist Badge, Basic, and the Military Free Fall Parachutist Badge, Jumpmaster, and by providing him a corrected separation document that includes these awards.
_______ _ __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.
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