BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015241
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 (Report of Transfer or Discharge) to show award of the "Paratrooper Badge/Jump Wings" (correctly known as the Parachutist Badge) and that he completed the Airborne Course.
2. The applicant states he earned his jump wings by completing the Airborne Course at Fort Benning, Georgia.
3. The applicant provides:
* Two applications
* Diploma for the Airborne Course
* 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 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 was inducted into the Army of the United States on
25 September 1967. He was awarded military occupational specialty (MOS) 94A (cook). On 5 September 1969, he was released from active duty.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Parachutist Badge as an authorized award. Item 25 (Education and Training Completed) of his DD Form 214 shows, among other items, he completed "ABN TNG" [airborne training]. Therefore, this portion of his request will not be discussed further in these proceedings.
4. Orders, dated 31 July 1968, show the applicant was authorized to wear the Parachutist Badge effective 2 August 1968.
5. In support of his claim, the applicant provided a diploma, dated 31 July 1968, which shows he completed the Airborne Course at Fort Benning, Georgia.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant was authorized to wear the Parachutist Badge. Therefore, his DD Form 214 should be corrected to show this 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 item 24 of 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) AR20100015241
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ABCMR Record of Proceedings (cont) AR20100015241
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