IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090007404 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 29 January 1973 be corrected to show he completed the Basic Airborne Course in 1972 at Fort Benning, Georgia and he was awarded the Parachutist Badge.

2. The applicant states, in effect, that he attended the Airborne School and was awarded the Parachutist Badge.  However, the Parachutist Badge and the Basic Airborne Course are omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 and a DA Form 2-1 (Personnel Qualification Record - Part II) reviewed on 18 November 1979.

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 was inducted into the Army on 23 February 1971 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 27 (Military Education) of a DA Form 20 (Enlisted Qualification Record) that covers the applicant's first term of military service for the period 23 February 1971 through 29 January 1973 does not show he completed Airborne School.  Item 38 (Record of Assignments) shows the applicant was assigned to the 14th Company, 1st Battalion (School Brigade), Fort Benning and that he performed duties as a range maintenance assistant.  Item 41 (Award and Decorations) of his DA Form 20 does not show award of the Parachutist Badge.

4.  On 29 January 1973, the applicant was honorably discharged and immediately reenlisted on 30 January 1973.  

5.  The applicant’s DD Form 214 for the period on ending 29 January 1973 does not show award of the Parachutist Badge nor does it show he completed the Basic Airborne Course.  

6.  On 5 June 1973, the applicant was assigned to A Company, 4th Battalion, 10th Infantry Division, Fort Davis, Panama Canal Zone.

7.  Item 9 (Awards, Decorations, and Campaigns) of a DA Form 2-1 that was reviewed on 26 October 1978 covers the applicant's second term of military service for the period 30 January 1973 through 29 January 1979 does not show award of the Parachutist Badge.  Item 17 (Civilian Education and Military Schools) does not show the Basic Airborne Course.

8.  On 29 January 1979, the applicant was honorably discharged.  On               16 December 1979, he enlisted in the USAR for a 3-year term of service.

9.  Item 9 of a second DA Form 2-1, prepared on 8 March 1979 and reviewed on 18 November 1979, that covers the applicant's USAR military service does not show award of the Parachutist Badge. Item 17 shows the entry "Airborne Sch General 3 wks Yes 71."

10.  There are no orders in the applicant's service personnel records awarding him the Parachutist Badge or a certificate of completion for Airborne School.

11.  On 25 August 2009, staff personnel at the U.S. Army Airborne School, Fort Benning, informed the staff of Board that there is no record showing the applicant attended Airborne School after he completed advanced individual training in 1971 or during his assignment at Fort Benning in 1972 prior to his departure to Panama.

12.  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.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 14, list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information was to assist the member after separation in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he completed Airborne School and that he was awarded the Parachutist Badge.

2.  The applicant provided a DA Form 2-1 from the USAR that shows he completed Airborne School in 1971.  However, his DA Form 20 and DA Form 2-1 which cover his entire period of active duty service do not show award of the Parachutist Badge or completion of Airborne School.  In addition, the U.S. Army Airborne School, at Fort Benning indicated that there is no record that shows he attended the Airborne School.  Therefore, the available evidence is insufficient to correct the applicant’s DD Form 214 to show award of the Parachutist Badge or completion of Airborne School.

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)                                         AR20090007404



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ABCMR Record of Proceedings (cont)                                         AR20090007404



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