IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20100007014 


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 her record by:

	a.  rescinding the orders that awarded her the Parachutist Badge and

	b.  removing the Basic Airborne Course from her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2001.

2.  The applicant states, in effect, although she attended the Basic Airborne Course in 1996, she did not graduate.  She further states her official military personnel file (OMPF) contains permanent orders which erroneously awarded her the Parachutist Badge for successful completion of airborne training.  She contends she did not earn this special skill badge and desires to have the orders removed from her OMPF in order to prevent and avoid any confusion or questions about her integrity in the future.  The applicant states her numerous attempts to have the erroneous document rescinded or removed from her record by the U.S. Army Soldier Record Data Center were unsuccessful and she was referred to the Army the Army Board for Correction of Military Records (ABCMR) to seek relief.

3.  As documentary evidence in support of this application, she provides copies of:

* Permanent Orders 147-439, dated 26 May 1996
* DD Form 214 for the period ending 26 April 2001
* electronic mail message, dated 20 April 2009

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 shows she enlisted in the Regular Army and entered active duty on 27 December 1995.  She completed basic combat and advanced individual training.  Upon completion of training, she was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  The highest rank/grade she held during this term of enlistment was specialist/E-4.  On 26 April 2001, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her Reserve obligation.

3.  The applicant's OMPF contains (and she also provides) Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 147-439, dated 26 May 1996, which awarded her the Parachutist Badge and added special qualification identifier (SQI) "P" to her MOS for successful completion of airborne training on 10 June 1996.

4.  Item 11 (Primary Specialty) of the applicant's DD Form 214 does not show SQI "P" as part of her MOS.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show she was awarded the Parachutist Badge.

6.  Item 14 (Military Education) of the applicant's DD Form 214 contains the entry, "//BASIC AIRBORN [sic], 3 WEEKS, 1996//," indicating successful completion of the 3-week Basic Airborne Course in 1996.

7.  The applicant provides an electronic mail message, dated 20 April 2009, wherein a representative of the U.S. Army Soldier Record Data Center, Indianapolis, Indiana, informed her Permanent Orders 147-439, dated 26 May 1996, could not be removed from her OMPF unless directed by the ABCMR.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected by rescinding the orders that awarded her the Parachutist Badge and removing the Basic Airborne Course from her DD Form 214 were carefully considered and determined to have merit.

2.  The evidence clearly shows Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia, Permanent Orders 147-439, dated 26 May 1996, which awarded her the Parachutist Badge and added SQI "P" to her MOS for successful completion of airborne training were prepared 16 days prior to the scheduled 10 June 1996 completion date of the course.  This is common practice among Army schools in order to facilitate the timely preparation of certificates prior to graduation ceremonies.

3.  The applicant acknowledges she did not complete airborne training and did not earn the Parachutist Badge.  Therefore, she is entitled to the requested relief.

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:

	a.  rescinding the orders that awarded her the Parachutist Badge and

	b.  removing the entry "//BASIC AIRBORN, 3 WEEKS, 1996//" from item 14 of her DD Form 214 for the period ending 26 April 2001.



      ___________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)                                         AR20100007014



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ABCMR Record of Proceedings (cont)                                         AR20100007014



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