IN THE CASE OF:	 

		BOARD DATE:	    9 September 2010

		DOCKET NUMBER:  AR20100007079 


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 record be corrected to document his completion of the basic airborne course and receipt of the Glider Badge.  

2.  The applicant states he completed the basic airborne course at Fort Benning, Georgia, which made him Parachutist and Gliderman qualified on 6 August 1948.

3.  The applicant provides a basic airborne course certificate, dated 6 August 1948, in support of his application.  

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 military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records maintained at the NPRC which includes the applicant’s 
2 January 1950 WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Discharge), and 3 November 1955 DD Form 214 (Report of Separation from the Armed Forces of the United States).  

3.  The applicant’s WD AGO Form 53 shows he initially enlisted in the Regular Army (RA) and entered active duty on 3 January 1947.  He served for 3 years until being honorably discharged on 2 January 1950.  It further shows he completed the basic airborne course in item 41 (Service Schools Attended).  

4.  On 3 January 1950, he reenlisted and continued to serve on active duty until he honorably discharged on 5 November 1955, in the rank of sergeant.  The 
DD Form 214 he was issued shows he earned the following awards in item 
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): 

* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Parachutist Badge

5.  The applicant provides a certificate issued by The Infantry School, Fort Benning, Georgia, dated 6 August 1948.  It confirms the applicant successfully completed the basic airborne course and was certified as a Parachutist and Gliderman as of this date.  

6.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy. Paragraph 8-32 provides guidance on the Glider Badge.  It states effective 3 May 1961, the Glider Badge is no longer awarded.  It further states an individual who was awarded the badge upon satisfying then current requirements can continue to wear the badge.  Further, it may be awarded retroactively when it can be established the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or the airborne department of the infantry school.  



7.  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 also establishes standardized policy for preparing and distributing the DD Form 214 (previously DD Form 53).  The current version of the separation documents regulation provides for entering all awards earned during a military career and for entering only courses completed during the period covered by the separation document.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Glider Badge should be added to his record and separation document has been carefully considered and found to have merit.  By regulation, the Glider Badge may be retroactively awarded when it can be established the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or the airborne department of the infantry school.  

2.  The evidence confirms the applicant completed the Glider Badge course (proficiency requirements) at the Infantry School at Fort Benning on 6 August 1948, as evidenced by the airborne course certificate provided by the applicant which confirms he was a qualified Parachutist and Gliderman.  Therefore, it would be appropriate to award the applicant the Glider Badge and to add it to item 27 of his 5 November 1955 DD Form 214.  

3.  By regulation, only service schools completed during the period covered by the DD Form 214 are entered.  In this case, the applicant completed the airborne course in August 1948, and it is properly documented in item 41 (Service Schools Attended) of his 2 January 1950 WD AGO Form 53.  As a result, it would not be appropriate to add this course to his 5 November 1955 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 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 awarding him the Glider Badge and adding this badge to item 27 of his 
3 November 1955 DD Form 214.  

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 further documenting the basic airborne course on his DD Form 214.   




      _______ _   _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)                                         AR20100007079



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)