IN THE CASE OF:	  

		BOARD DATE: 	        9 July 2009

		DOCKET NUMBER:  AR20080019551 


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 his March 2004 DD Form 214 ( Certificate of Release or Discharge from Active Duty) be corrected to reflect completion of Airborne Training, award of the Parachutist Badge, and that he was discharged because of a medical problem.

2.  The applicant states his DD Form 214 does not show the badge, training, or that he was discharge early because of a medical injury.

3.  The applicant provides a copy of his 2004 DD Form 214, a copy of a jump record, a copy of an order awarding him the Parachutist Badge, and copies of documents showing he was discharged from the Army National Guard for failing to meet medical retention standards.

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.  Records available to the Board indicate the applicant enlisted in the Army National Guard on 27 June 2003 for a period of 8 years.  

3. Orders number 3181-10, dated 30 June 2003, issued by the Military Entrance Processing Station in Beckley, West Virginia, ordered the applicant to active duty for the purpose of undergoing initial active duty training.  The orders indicated he would undergo basic combat training at Fort Jackson, South Carolina and Advanced Individual Training at Fort Gordon, Georgia (specialty 31C/Radio Operator-Maintainer).  The order also indicated he would undergo pre-special forces training at Fort Bragg, North Carolina (specialty 18E/Special Forces Communications).

4.  On 4 August 2003 the applicant entered active duty for the purpose of undergoing initial active duty training.

5.  The applicant provided a copy of an order issued at Fort Benning, Georgia on 5 February 2004 awarding the applicant the “Parachutist Badge” and specialty 18E1P effective “13 February 2004 or upon completion of Airborne training.”  The individual jump record, also provided by the applicant in support of his request, is dated 12 February 2004 and indicates five jumps made between 9 and 
11 February 2004.  The record does not refer to the individual by name but merely notes a class number at Fort Benning.  Neither the award order or the jump record is contained in the applicant’s Official Military Personnel File (OMPF)

6.  On 8 March 2004 the applicant was released from active duty.  The reason and authority for separation is recorded as “completion of initial active duty training” and “self-terminating order.”

7.  A memorandum for record, contained in the applicant’s OMPF and dated 
9 March 2004, notes the applicant was a medical drop from the Special Forces Qualification Course (SFQC) on 8 March 2004.  The memorandum indicated he was MOS (Military Occupational Specialty) qualified as a 31C, would be allowed to reenter the SFQC at a later date and would be returned to his home unit with the West Virginia Army National Guard.  The memorandum was issued by the Army National Guard Advisor’s Office at Fort Bragg, North Carolina.

8.  Line of duty document, contained in the applicant’s OMPF, note he began complaining of foot pain in September 2003 and was ultimately determined to suffer from planter fasciitis.  By 19 May 2006, more than 2 years after being released from active duty, the applicant was discharged from the Army National Guard as a result of being medically unfit for retention.  Orders issued by the United States Army Physical Disability Agency indicate he was authorized disability severance pay.

9.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of the DD Form 214.  It notes that item 25 (Separation Authority) will reflect the regulatory or directive authorizing the separation, and that item 28 (Narrative Reason for Separation) is based on regulatory or other authority for separation.

10.  Information obtained from the Human Resources Command-Alexandria website notes that completion of the Special Forces Qualification Course formal training course is required for award of MOS 18E.

11.  Army Regulation 600-8-22 (Military Awards) states that to be eligible for award of the basic Parachutist Badge, 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.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence available to the Board indicates the applicant was medically dropped from his SFQC there is no evidence that was the reason for his release from active duty in March 2004.  Rather, the evidence shows the applicant was released upon the expiration of the orders which ordered him to active duty for training.  The fact that he may have subsequently been discharged from the Army National Guard as a result of his medical condition does not now serve as a basis to change the reason for his 2004 release from active duty.

2.  Unfortunately the evidence provided by the applicant, in the form of the jump record and orders indicating award of the Parachutist Badge, are insufficient to conclude the applicant did in fact complete airborne training.  The orders note the badge would be awarded effective 13 February 2004, or upon completion of airborne training.  There is no evidence the applicant did in fact complete airborne training.  The jump record provided by the applicant does not identify the applicant’s as having completed the recorded jumps.  As such, in the absence of compelling evidence confirming completion of airborne training, correcting the applicant’s 2004 DD Form 214 to show award of the Parachutist Badge and completion of airborne training would be inappropriate.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   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)                                         AR20080019551





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ABCMR Record of Proceedings (cont)                                         AR20080019551



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