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ARMY | BCMR | CY2009 | 20090005324
Original file (20090005324.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       20 AUGUST 2009

		DOCKET NUMBER:  AR20090005324 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge.  He also requests that his military occupational specialty (MOS) be changed.

2.  The applicant states, in effect, that he received the Purple Heart from his first sergeant in the field, that he received the Bronze Star Medal for saving a Soldier's life, and that he finished jump school which is not shown on his MOS.  He also contends that he should have received the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) in support of his 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 request for award of the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge was addressed by separate correspondence to the applicant.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 
28 September 1965.  He successfully completed basic combat and advanced individual training in MOS 12A (pioneer).  He successfully completed basic airborne training and was awarded MOS 12A1P (parachutist qualified), effective
7 March 1966.  He served in Vietnam from 6 June 1966 through 2 June 1967.  On 27 September 1967, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 23a (Specialty Number and Title) on the applicant's DD Form 214 shows the entry "12A1P."

5.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provides, in pertinent part for award, retention, and withdrawal of Special Qualification Identifiers (SQI).  This document lists the character "P" as used to identify qualified parachutists.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends that his MOS does not show he finished jump school (i.e., parachutist qualified), evidence of record shows he was awarded MOS 12A1P (parachutist qualified) in March 1966 which is properly shown in item 23a on his DD Form 214.  Therefore, there is no basis for granting the applicant's request to change his MOS.     

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.



      __________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)                                         AR20090005324



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ABCMR Record of Proceedings (cont)                                         AR20090005324



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