DOCKET NUMBER: AR20090004425
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 item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed the Jumpmaster Course.
2. The applicant states, in effect, that his DD Form 214 does not show that he met the qualifications of a jumpmaster.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants record shows that he enlisted in the Regular Army and entered active duty on 9 November 1967. He was trained in, awarded, and served in military occupational specialty 11B (Light Weapons Infantryman). The record also shows the highest rank he attained while serving on active duty was sergeant (E-5).
3. The applicants DA Form 20 (Enlisted Qualification Record) confirms that he served in the Republic of Vietnam (RVN) from 8 January 1969 to 7 January 1970. Item 38 (Record of Assignments) shows that during his last assignment at Fort Gordon, Georgia, from 25 February 1970 through 15 October 1970 his assigned principle duty was "Airborne Instructor" with the 41st Company, 4th Student Battalion.
4. On 6 November 1970, the applicant was honorably separated after completing 2 years, 11 months, and 28 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and DD Form 215 (Correction to the DD Form 214) on file shows he earned the following awards during his tenure on active duty: Soldier's Medal, Bronze Star Medal, National Defense Service Medal, Army Good Conduct Medal, Air Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars, and two overseas service bars.
5. Item 25 of the applicant's DD Form 214 shows he completed the 3-week Basic Airborne Course at the United States Army Infantry School (USAIS), Fort Benning, Georgia.
6. The applicant provides a USAIS letter, dated 29 June 1970, which shows he successfully completed Jumpmaster Course 8-70 during the period 22 June 1970 through 27 June 1970 and that he met "jumpmaster" requirements for Army and Air Force aircraft.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 54 of the version of the regulation in effect at the time provided instructions for completing item 25 and stated, in pertinent part, that for enlisted personnel, installation training courses, military correspondence courses, and off-duty courses completed successfully during the period covered by the DD Form 214 would be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants claim that his DD Form 214 should be corrected to show he met the qualifications of a jumpmaster was carefully considered and found to have merit. By regulation, installation training courses, military correspondence courses, and off-duty courses completed successfully by enlisted personnel during the period covered by the DD Form 214 would be entered in item 25.
2. The evidence of record confirms that the applicant successfully completed the Jumpmaster Course on 27 June 1970 at the USAIC. Therefore, it would be appropriate to add the entry "USAIC 1 week Jumpmaster Course" to item 25 of his DD Form 214 at this time.
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 amending item 25 of his DD Form 214 by adding the entry "United States Army Infantry School 1 week Jumpmaster Course" and providing him a correction to his DD Form 214 to reflect this change.
___________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) AR20090004425
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