BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090013222 


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 his Senior Parachutist Badge be upgraded to the Master Parachutist Badge.

2.  The applicant states he met the qualifications for the Master Parachutist Badge but was curtailed from his assignment in Germany before he had the opportunity to request its award.

3.  The applicant provides a parachutist qualification card and jump record 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 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 record does not include a DD Form 214 (Report of Separation from Active Duty) for his initial period of active duty service.  However, the record includes a National Archives (NA) Form 13038 (Certification of Military Service).  This document shows he served in the Regular Army (RA) from 18 August 1958 until he was honorably discharged on 31 July 1973 in the rank of sergeant first class (SFC)/E-7. 

3.  On 1 August 1973, he reenlisted in the RA and continued serving on active duty in military occupational specialty 11B (Infantryman).

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows completion of the Basic Airborne Course in 1959 and the Jumpmaster Course in 1963.  Item 9 (Awards, Decorations and Campaigns) includes the Parachutist Badge in the list of authorized awards.  The Senior Parachutist Badge is not included among the awards listed.

5.  The applicant’s Official Military Personnel File (OMPF) is void of any orders or other documents to show he met the regulatory criteria for and/or was awarded the Senior or Master Parachutist Badges.

6.  On 31 August 1978, the applicant was honorably retired, in the rank of master sergeant (MSG)/E-8.  The DD Form 214 he was issued shows he completed 
23 years and 13 days of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) includes the Parachutist Badge in the list of authorized awards.  The Senior Parachutist Badge and the Master Parachutist Badge are not included in this list. 

7.  The applicant provides a parachutist qualification card showing he received a rating of senior parachutist on 8 February 1963.  He also provides a jump record documenting 27 parachute jumps completed.  The jump record is void of a name, service number, or other identifying data for the subject individual it pertains to.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on Badges and Tabs of United States Origin.  Paragraph 8-13 and paragraph 8-14 outline requirements for the Senior and Master Parachutist Badges, respectively.



9.  Paragraph 8-13 of the awards regulation contains guidance on the Senior Parachutist Badge.  It states a Soldier must be rated "excellent" in character and efficiency and meet the following requirements to receive this badge:  
	a.   The individual must have participated in a minimum of 30 jumps to include the following: 
   (1) Fifteen jumps with combat equipment to consist of the normal table of organization and equipment (TOE) including the individual weapon carried in combat whether the jump was in actual or simulated combat.  In cases of simulated combat the equipment will include water, rations (actual or dummy), ammunition (actual or dummy), and other essential items necessary to sustain an individual in combat. 
     (2) Two night jumps made during the hours of darkness (regardless of time of day with respect to sunset) one of which will be as jumpmaster of a stick. 
     (3) Two mass tactical jumps which culminate in an airborne assault problem with either a unit equivalent to a battalion or larger; a separate company battery; or an organic staff of regimental size or larger.  The Soldier must fill a position commensurate with his or her rank or grade during the problem. 
     (4) For award of the Senior Parachutist Badge, the prerequisite requirements in subparagraphs (1), (2), and (3), above must be obtained by static line parachuting. 
   b.  Either graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the Jumpmaster School of a separate airborne battalion or larger airborne unit, or infantry divisions and separate infantry brigades containing organic airborne elements, or served as jumpmaster on one or more combat jumps or as a jumpmaster on 15 noncombat jumps. 
   c.  Have served on jump status with an airborne unit or other organizations authorized parachutists for a total of at least 24 months. 
10.  Paragraph 8-14 of the awards regulation contains guidance on the Master Parachutist Badge and states to be eligible for the Master Parachutist Badge, an individual must have been rated "excellent" in character and efficiency and meet the following requirements: 
   a.  Participated in a minimum of 65 jumps to include — 
     (1) Twenty-five jumps with combat equipment to consist of normal TOE equipment, including an individual weapon carried by the individual in combat whether the jump was in actual or simulated combat.  In cases of simulated combat the equipment will include water rations (actual or dummy), ammunition (actual or dummy), and other essential items necessary to sustain an individual in combat. 
     (2) Four night jumps made during the hours of darkness (regardless of the time of day with respect to sunset) one of which will be as jumpmaster of a stick. 
     (3) Five mass tactical jumps which culminate in an airborne assault problem with a unit equivalent to a battalion or larger; a separate company/battery; or an organic staff of regimental size or larger.  The individual must fill a position commensurate with their rank or grade during the problem. 
     (4) For award of the Master Parachutist Badge, the prerequisite requirements in subparagraphs (1), (2), and (3), above must be obtained by static line parachuting. 
   b.  Either graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the Jumpmaster School of a separate airborne battalion or larger airborne unit, or infantry divisions and separate infantry brigades containing organic airborne elements, to include the U.S. Army Alaska Jumpmaster Course, or served as jumpmaster on one or more combat jumps or as jumpmaster on 33 noncombat jumps. 
   c.  Have served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 36 months. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his Senior Parachutist Badge be upgraded to a Master Parachutist Badge was carefully considered.  However, the evidence does not support this request.  

2.  The evidence of record confirms the applicant qualified for and was awarded the Parachutist Badge.  His record is void of orders or other documents indicating he met the requirements and qualified for, or was awarded the Senior or Master Parachutist Badges by proper authority while serving on active duty.  It also fails to show the applicant ever requested either badge or made any attempt to resolve this matter in the over 15 years he remained on active duty after 
8 February 1963, the date of the Parachutist Qualification Record Card he now provides.  

3.  Further, although the applicant provides a parachutist qualification card overlaid on a jump record, the actual jump record is void of any identification data pertaining to the subject individual it pertains to.  As a result, the jump record does not verify the applicant's eligibility for either the Senior or Master Parachutist Badges.  

4.  Absent any evidence of record or sufficient independent evidence provided by the applicant confirming he made the necessary jumps to qualify for either the Senior or Master Parachutist Badges, the regulatory burden of proof necessary to support award of these badges has not been satisfied.  Therefore, the evidence does not support granting the requested relief. 

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090013222



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ABCMR Record of Proceedings (cont)                                         AR20090013222



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