IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20090020564
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 completion of two Jump Master courses and the Advanced Airborne course be added to his DD Form 214 as well as any awards for which he might be eligible.
2. The applicant states that records of his attendance at two Jump Master courses and an Advanced Airborne course are missing from his records.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), certificates of completion of the Basic Infantry Officer course, Basic Airborne Course, 82nd Airborne Division Advanced Airborne Course, and two Jump Masters courses.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The DD Form 214 provides the following:
a. service on active duty as an Infantry officer from 28 September 1953 through 31 January 1956;
b. completion of Basic Infantry Officer course (1953) and Basic Airborne Course (1954); and
c. his authorized awards are the National Defense Service Medal and the Parachutist Badge.
4. The certificates of completion submitted by the applicant show he completed:
a. the Jumpmaster course on 30 March 1954;
b. 82nd Airborne Division, Division Jumpmaster course on 29 May 1954; and
c. 82nd Airborne Division, Division Advanced Airborne course, on 23 October 1954.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it states that a Soldier's formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214 are to be listed in the appropriate block.
6. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence
DISCUSSION AND CONCLUSIONS:
1. The applicant states that records of his attendance at two Jump Master courses and an Advanced Airborne course are missing from his records.
2. The 30 March 1954 Jumpmaster; 29 May 1954 82nd Airborne Division, Division Jumpmaster; and the 23 October 1954 82nd Airborne Division Advanced Airborne courses were omitted from the applicant's DD Form 214. It is appropriate to correct the record to include these courses on the DD Form 214.
3. With the loss of the applicant's official military record it is impossible to determine if the applicant was or is authorized any awards other than those currently shown on his DD Form 214.
4. 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
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by including on the DD Form 214 the 30 March 1954 Jumpmaster; 29 May 1954 82nd Airborne Division, Division Jumpmaster; and the 23 October 1954 82nd Airborne Division Advanced Airborne courses.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the record to include any additional awards.
_______________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) AR20090020564
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