IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000351 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 9 May 2003 to show 29 August 1998 in item 12a (Date Entered [Active Duty] This Period).  He also requests, in effect, deletion of "Parachutist Badge" entered in item 18 (Remarks) as part of a continuation of item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the same DD Form 214.

2.  The applicant states the date of entry shown on his DD Form 214 is incorrect and he never went to Jump School.

3.  The applicant provides a copy of his Enlisted Record Brief (ERB) and DD Form 214.

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 enlisted in the Regular Army (RA) on 23 June 1993 and was trained in and awarded military occupational specialty 95B (Military Police).  He was released from active duty on 28 April 1995 and transferred to the U.S. Army Reserve.

3.  A DD Form 4 (Enlistment/Reenlistment Document) shows that on 26 August 1998 he again enlisted in the RA for a period of 3 years.

4.  A DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) shows that on 23 August 2000 the applicant's commander approved his request for continued service in the Army.  A second DD Form 4 in his record shows that on 2 October 2000 he reenlisted for a period of 4 years.

5.  On 9 May 2003, he was discharged for disability with severance pay under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

6.  The applicant's record includes two DD Forms 214.  The first documents his active duty service from 23 June 1993 to 28 April 1995.  He completed 1 year, 10 months, and 6 days of active service during this period.

7.  The DD Form 214 effective 9 May 2003 shows in item 12a that he entered active duty on 2 October 2000.  The form also shows:

* in item 12c (Net Active Service This Period) – 2 years, 7 months, and 8 days
* in item 12d (Total Prior Active Service) – 1 year, 10 months, and 6 days
* in item 18, continued from item 13 – Parachutist Badge

8.  The applicant's record does not contain orders awarding him the Parachutist Badge or documentation showing he completed airborne training.

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

10.  Army Regulation 635-5 states each entry in item 13 of the DD Form 214 will be verified by the Soldier's records.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 effective 9 May 2003 to change the date he entered active duty; however, the evidence does not support changing the date of entry to 29 August 1998.  The evidence of record also supports his request to delete the Parachutist Badge.

2.  The evidence of record shows the applicant enlisted on 26 August 1998 and served continuously on active duty until he was discharged on 9 May 2003.  Accordingly, he is entitled to correction of his DD Form 214 effective 9 May 2003 to show he entered active duty on 26 August 1998.

3.  Item 12c of his DD Form 214 effective 9 May 2003 is incorrect based on the applicant's continuous active service from 26 August 1998 to 9 May 2003.  He is entitled to correction of his record to show his net active service for this period as 4 years, 8 months, and 14 days.

4.  The applicant's record is void of documentation showing he was awarded the Parachutist Badge or that he completed training that would have made him eligible for this badge.  Accordingly, he is entitled to have the Parachutist Badge deleted from his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 making the following changes to his DD Form 214 effective 9 May 2003:

	a.  Delete the entry "2000  10  02" from item 12a.

	b.  Add the entry "1998  08  26" to item 12a.

	c.  Delete the entry "0002  07  08" from item 12c.

	d.  Add the entry "0004  08  14" to item 12c.

	e.  Delete the entry "Parachutist Badge" from item 13.

2.  The Board further determined 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 correction of the record to show the applicant entered active duty on 29 August 1998.



      ____________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)                                         AR20100000351



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ABCMR Record of Proceedings (cont)                                         AR20100000351



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