IN THE CASE OF:	  

		BOARD DATE:	       23 JULY 2009

		DOCKET NUMBER:  AR20090002975 


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 the spelling of his middle name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his middle name is Ea____t vice Er___t.  He also requests that his DD Form 214 be corrected to show he completed the Airborne Course.

2.  The applicant states, in effect, the spelling of his middle name on his DD Form 214 is incorrect.  He states the correct spelling of his middle name is Ea____t vice Er___t.  He also states, in effect, that neither item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) nor item 25 (Education and Training Completed) show he was airborne qualified.

3.  The applicant provided a copy of his DD Form 214 and a copy of an Airborne Course completion certificate 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 DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 1 May 1968.  

3.  The applicant's record contains a DD Form 47 (Record of Induction) which shows the correct spelling of his middle name is Ea____t.

4.  The applicant's record contains a copy of DA Form 428 (Application for Identification Card), issued on 7 May 1968, which shows the spelling of his middle name as Ea____t.

5.  The applicant's record contains a copy of a Report of Medical History, dated 28 March 1970, which shows his middle name as Ea____t.

6.  The applicant submitted a copy of a certificate from the United States Army Infantry School, dated 31 October 1968, which shows he successfully completed the Airborne Course.

7. The applicant's record contains a copy of Special Orders Number 267, The Student Brigade, United States Army Infantry School (USAIS), Fort Benning, GA, dated 31 October 1968, which shows the applicant was awarded the Parachutist Badge and the special qualification identifier "P" (Parachutist) effective 1 October 1968.  

8.  The applicant’s DD Form 214 shows that on 28 March 1970 he was honorably released from active duty and transferred to the United States Army Reserve after completing a total of 1 year, 10 months, and 28 days of active military service.  Item 1 (last name, first name, middle name) of his DD Form 214 shows his middle name as Er___t.  Item 24 does not show award of the Parachutist Badge and Item 25 does not show completion of the Airborne Course.

9.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation provided, in pertinent part, that the Soldier's last name, first name, and middle name would be entered in item    1 of the DD Form 214.



10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the spelling of his middle name on his DD Form 214 is incorrect and that his DD Form 214 does not show he completed the Airborne Course was carefully considered.  

2.  The vast majority of all orders and documents on file in the applicant’s record contain the spelling of the middle name the applicant claims to be correct.  The evidence of record confirms the applicant's DD Form 214 contains an incorrect spelling of his middle name in Item 1.  It is apparent that this entry was the result of an administrative error.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the correct spelling of his middle name as Ea____t.

3.  Orders awarded the applicant the basic Parachutist Badge, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of item 24 of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant completed the Airborne Course
(3 weeks) in 1968.  Therefore, he is entitled to correction of his DD Form 214, Item 25, to show completion of this course. 

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:

	a.  amending item 1 of his DD Form 214 by deleting the current middle name and replacing it with Ea____t;

	b.  adding the Parachutist Badge to item 24 of his DD Form 214; and 

	c.  adding to item 25 of his DD Form 214 the” Airborne Course 3 wks, 68.”




      _________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)                                         AR20090002975



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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