IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090001902 


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 records be corrected to show that he was awarded the Parachutist Badge.

2.  The applicant states that he satisfactorily completed the requirements for award of the Parachutist Badge and his records indicate his assignment in an airborne military occupational specialty.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show that badge, just that he completed the training.

3.  The applicant provides a copy of a letter from the Human Resources Command - Alexandria (HRC-ALEX) Military Awards Branch, a copy of a page from Army Regulation 600-8-22 regarding award of parachutist badges, a copy of his DD Form 214, a copy of his DA Form 20 (Enlisted Qualification Record), a copy of orders assigning him to Special Forces training as an airborne qualified medic, copies of his leave and earnings statements for April and May 1969, and a copy of a photograph.

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 enlisted in the Regular Army in New Haven, Connecticut on 26 August 1968 for a period of 3 years and training as a medical specialist.  He completed his basic training at Fort Jackson, South Carolina and was transferred to Fort Sam Houston, Texas where he underwent leadership training and his advanced individual training (AIT) as a medical corpsman.

3.  He completed his AIT and was transferred to Fort Benning, Georgia, where he completed airborne training on 14 March 1969 and was transferred to Fort Bragg, North Carolina to undergo phase I of Special Forces training.  However, copies of the orders awarding him the Parachutist Badge are not contained in his official records.

4.  Although the facts and circumstances are not present in the available records, his records indicate that he was terminated from Special Forces training on 29 April 1969.

5.  He departed Fort Bragg on 19 May 1969 and was transferred to Vietnam on 28 June 1969, for assignment to Company B (Med), 173rd Support Battalion, 173rd Airborne Brigade.  He was advanced to the pay grade of E-4 on 23 October 1969 and he was awarded the Combat Medical Badge on 31 March 1970.

6.  He departed Vietnam on 27 June 1970 for assignment to Fort Sill, Oklahoma; however, for reasons not explained in the available records, the applicant was reassigned to a Hercules Battery in Rehoboth, Massachusetts while he was on excess leave.  All of the applicant's duty positions from that point on were in non-airborne related positions.

7.  In January 1971, he was transferred to Fort Leavenworth, Kansas, for duty as a ward specialist.  He was not favorably considered for award of the Good Conduct Medal on 7 July 1971. 

8.  On 25 August 1971, the applicant was honorably released from active duty (REFRAD) due to the expiration of his term of service and was transferred to the United States Army Reserve Control Group (Reinforcement).  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Army Commendation Medal with "V" Device, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. 

9.  On 30 September 1974, the National Personnel Records Center issued the applicant a DD Form 215 (Correction to DD Form 214) awarding him the Combat Medical Badge and the Good Conduct Medal.

10.  The 11 March 2008 letter to the applicant from the HRC-ALEX Military Awards Branch informs the applicant that officials were unable to locate documentation verifying entitlement to the Parachutist Badge.  Officials informed the applicant that it appeared that his Parachutist Badge had been revoked at some point during his military service.  He was further advised to locate documentation showing otherwise or provide payroll documents showing that he was receiving jump pay when he was discharged.

11.  A review of the applicant's DA Form 20 shows that the Parachutist Badge was in fact awarded in Special Order Number 64, issued by Headquarters, Training Support Battalion at Fort Benning on 14 March 1969.  However, that entry was lined through in his records indicating that it had been revoked.

12.  The leave and earnings statements provided by the applicant cover only April and May 1969.  There is no evidence in the available records to show that he continued to receive Parachute (Jump) pay after he departed Fort Bragg and had been terminated from Special Forces training, which requires individuals to be airborne qualified.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Parachutist Badge may be revoked when the awardee refuses to participate in a parachute jump or initiates action which results in the termination of airborne status or Special Forces training before he or she completes 36 cumulative months of airborne duty.  Commanders authorized to award combat and special skill badges are authorized to revoke such awards and one revoked, will not be reinstated except by the Commander, HRC-ALEX, when fully justified. 

14.  Army Regulation 600-200, in effect at the time, served as the authority for the preparation and maintenance of the DA Form 20.  Paragraph 9-13e of that regulation provides, in pertinent part, that when it is necessary to delete a typed, inked or stamped entry (all permanent entries), a typewritten line or single black or blue-black line will be made through the entry.  The old entry will not be obliterated.  Permanent entries no longer applicable to the individual will be lined out and temporary entries (pencil entries) will be erased.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Parachutist Badge has been noted and appears to lack merit.

2.  While it is clear that at one time the applicant was awarded the Parachutist Badge, it appears that the badge was subsequently revoked as evidenced by the fact that the award entry was lined through on his DA Form 20. 

3.  Although the facts and circumstances surrounding that revocation are not present in the available records, it is noted also that the orders awarding him the Parachutist Badge, that at one time were present in his records, are also not present.

4.  While the applicant has provided leave and earnings statements for the 2 months of April and May 1969, he has provided no evidence beyond that time to show that he continued to receive parachute pay after he was terminated from Special Forces training.  Parachutist pay is paid in whole month increments.  In other words, one day of parachute pay eligibility qualifies for an entire month of parachute pay.

5.  It is also noted that the applicant's special qualification identifier of "P" to identify him as a parachutist was removed at some point prior to his REFRAD.  Unfortunately, the available records do not reveal the reasons for his termination of airborne qualification or revocation of his badge.

6.  Therefore, in the absence to show that his Parachutist Badge was erroneously revoked, there appears to be no basis to grant his request.

7.  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. 

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)                                         AR20090001902





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ABCMR Record of Proceedings (cont)                                         AR20090001902



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