BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090019854
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to include his Parachutist Badge.
2. The applicant states that he completed the Basic Airborne Course and he has orders authorizing him to wear the Parachutist Badge.
3. The applicant provides a letter of appreciation, dated 5 December 1962; Special Orders Number 192, dated 27 September 1960; and a Certificate for Completion of the Basic Airborne 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. The applicants military records show he enlisted in the Regular Army on
22 March 1960. He was awarded the military occupational specialty of heavy weapons infantryman, served in Korea, and attained pay grade E-4.
3. On 23 September 1960, the applicant completed the Basic Airborne Course and Special Orders Number 192, dated 27 September 1960, authorized him to wear the Parachutist Badge.
4. On 13 October 1960, the applicant was convicted by a summary court-martial of disobeying a lawful order to fall out for a parachute jump.
5. The applicant's DA Form 24 (Service Record), Section 9 (Medals, Decorations, and Citations) shows the Parachutist Badge was presented on
22 September 1960. However, this entry is lined out.
6. On 21 March 1963, the applicant was honorably released from active duty at the expiration of his term of service.
7. Army Regulation 600-8-22 (Military Awards), states that the award of badges may be revoked under any of the following conditions:
a. An award of any combat and special skill badge is automatically revoked upon dismissal, dishonorable discharge, or conviction by court-martial for desertion in time of war.
b. Any Parachutist Badge may be revoked when the awardee:
* is convicted by court-martial for refusal to participate in a parachute jump
* initiates in his initial tour of airborne duty action which results in the termination of his airborne status prior to completion of 36 consecutive months of airborne duty
DISCUSSION AND CONCLUSIONS:
1. While the applicant's records do not contain the orders revoking his Parachutist Badge, he was convicted by court-martial for refusal to participate in a parachute jump. This would warrant the revocation of his Parachutist Badge.
2. Since the preponderance of evidence indicates the applicant's Parachutist Badge was revoked, there is no basis to grant his request.
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.
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