BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100014642
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge.
2. The applicant states his Parachutist Badge is not shown on his DD Form 214.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record), two sets of orders, a DA Form 1307 (Individual Jump Record), and a Memorandum for Record.
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. The applicant's records show he enlisted in the Regular Army on 9 August 1995. He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His records also show he completed the basic airborne course and he was awarded the Parachutist Badge and the skill qualification identifier of "P" to signify he was parachute qualified.
4. On 13 December 1995, he was assigned to the 2nd Brigade, 82nd Airborne Division, Fort Bragg, NC. His assignment orders show his MOS as 11B1P.
5. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 shows the National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar [M-16].
6. On 31 January 1997, his immediate commander recommended him for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b. The recommendation contains the statement "Soldier has received the National Defense Service Medal, Army Service Ribbon, and the Parachutist Badge."
7. He was discharged on 27 February 1997. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 does not show the Parachutist Badge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he attended the basic airborne course, he was awarded the Parachutist Badge, and he was an 11B1P at the time of his discharge. However, his DD Form 214 does not show this badge. Therefore, he is entitled to correction of his DD Form 214 to show the Parachutist Badge.
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 adding the Parachutist Badge to 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) AR20100014642
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ABCMR Record of Proceedings (cont) AR20100014642
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