IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100013015
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 retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Parachutist Badge reflected on his initial entry DD Form 214.
2. The applicant states his initial enlistment ended in 1956. The DD Form 214 he was issued on 22 June 1956 shows he was awarded the Parachutist Badge. However, when he retired in 1973, the DD Form 214 he was issued on 31 August 1973 does not show the Parachutist Badge.
3. The applicant provides:
* his DD Form 214 for the period 23 June 1953 through 22 June 1956
* his DD Form 214 for the period 24 June 1971 through 31 August 1973
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 is a retired sergeant first class/E-7. He began his active service on 23 June 1953 and he retired on 31 August 1973 with 20 years and 1 month of active Federal service. During that period of time, he received five DD Forms 214:
* 23 June 1953-22 June 1956 3 years, 0 months, 0 days
* 1 August 1956-11 August 1959 3 years, 0 months, 11 days
* 12 August 1959-11 August 1965 6 years, 0 months, 0 days
* 12 August 1965-23 June 1971 5 years, 10 months, 12 days
* 24 June 1971-31 August 1973 2 years, 2 months, 7 days
3. Each of the applicant's five DD Forms 214 reflect awards received during the specific period of service defined by the DD Form 214.
4. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. The May 1972 version of the regulation in effect when the applicant retired stated that the DD Form 214 was prepared for all Soldiers at the time of their separation from the Active Army. At the time of the applicant's retirement, Army Regulation 635-5 did not require carrying forward all awards received to the latest DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 for the period ending 31 August 1973 to show the Parachutist Badge which was reflected on his DD Form 214 for the period ending 22 June 1956.
2. The regulation governing the completion of DD Form 214 has changed numerous times over the years. When the applicant served, Army Regulation 635-5 required the issuance of a DD Form 214 each time a Soldier reenlisted. Only those awards earned during the period covered by the DD Form 214 would be shown on that document. Today DD Forms 214 are not issued at separation for the purpose of reenlistment; they are only issued at time of discharge, retirement, or release from active duty and all awards from previous DD Forms 214 are carried forward.
3. The applicant was awarded the Parachutist Badge and it is properly reflected on the DD Form 214 for the period during which the award was made. There is no error on his retirement DD Form 214.
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.
ABCMR Record of Proceedings (cont) AR20100013015
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ABCMR Record of Proceedings (cont) AR20100013015
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