IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090011910
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 military records to show award of the Parachute Rigger Badge.
2. The applicant states that in June 1986, the Parachute Rigger Badge was approved for award to certified parachute riggers. He attended the Parachute Rigger Course in 1966. He retired in September 1987 but had not been awarded the Parachute Rigger Badge.
3. The applicant provides, in support of his application, copies of his DD Form 214 and certificates of training for the Parachute Packing Maintenance and Airborne Course, Special HALO and Para-commander Parachute Packing Course, and the Airdrop Load Inspector Certification Course.
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. At the time of his application, the applicant was retired from the Regular Army as a sergeant first class, pay grade E-7.
3. Item 4 (Primary Military Occupational Specialty (PMOS)) of the applicant's DA Form 2A (Personnel Qualification Record, Part I) shows that he held the PMOS of 43E4P (Parachute Rigger with airborne qualification).
4. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) does not show award of the Parachute Rigger Badge. Item 17 (Civilian Education and Military Schools) of this same form shows that the applicant successfully completed the Parachute Rigger Course at the U.S. Army Quartermaster School in 1966.
5. On 31 August 1987, the applicant retired for length of service. He had attained the rank of sergeant first class, pay grade E-7, and had completed
20 years, 9 months, and 10 days of creditable active duty service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not list the Parachute Rigger Badge.
7. Army Regulation 600-8-22 (Military Awards) provides for the award of the Parachute Rigger Badge. Successful completion of the Parachute Rigger Course conducted by the U.S. Army Quartermaster School and award of MOS 43E for enlisted personnel is required for award of the Parachute Rigger Badge. The Parachute Rigger Badge may be retroactively awarded to any individual who graduated from the Parachute Rigger School after May 1951.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show award of the Parachute Rigger Badge.
2. The evidence of record clearly shows that the applicant qualified for award of the Parachute Rigger Badge. Therefore, his records should be corrected to show this badge.
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 showing, in addition to the awards already shown on his DD Form 214, that his awards include the Parachute Rigger Badge.
_______ _ _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) AR20090011910
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ABCMR Record of Proceedings (cont) AR20090011910
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