IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015381 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Parachutist Badge.

2.  As a new argument, the applicant states, in effect, he served in the 101st Airborne Division over 18 months which qualifies him for the Parachutist Badge.

3.  The applicant provides the following:

* Self-authored statement
* DD Form 214
* Standard Form 89 (Report of Medical History
* DA Form 20 (Enlisted Qualification Record)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 28 May 2009 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090000197, on 28 May 2009.

2.  In connection with his request for reconsideration, the applicant submitted a new argument which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3.  The applicant's record shows he enlisted in the Regular Army on 27 August 1962 for a period of 3 years.  He completed the training requirements and he was awarded military occupational specialty MOS) 111.07 (Light Weapons Infantryman).  He also completed the basic airborne course on 15 February 1963 and he was awarded the Parachutist Badge and the skill qualification identifier of "P" to signify he was parachute qualified.  

4.  His records show he was assigned to the 327th Infantry, 101st Airborne Division, Fort Campbell, KY from 19 February 1963 to 8 April 1964, a period of just over 13 months.

5.  The applicant's records further show he was assigned as a trainee to Fort Jackson, SC, from 9 April to 29 May 1964 and Fort Gordon, GA from 30 May to 17 September 1964.

6.  On 20 September 1964, he was reassigned to the 327th Infantry, 101st Airborne Division.  On 20 November 1964, his immediate commander recommended that he be issued a Certificate of Unsuitability for Reenlistment and stated "he has a record of habitual misconduct in this unit as evidenced by five Article 15 actions against him for offenses ranging from insubordination to failure to repair."  On 3 December 1964, the Certificate of Unsuitability for Reenlistment was approved.

7.  On 17 December 1964, he was reported absent without leave (AWOL) from his unit and on 15 January 1965 he was dropped from the rolls (DFR).  On 21 June 1965, he was apprehended and returned to military control at Fort Ord, CA.

8.  Section 6 (Time Lost Under Section 6a, Appendix 2b, Manual for Courts-Martial and Subsequent to Normal Date Expiration Term of Service) of his DA Form 24 (Service Record) shows the following:

* AWOL - 1 day on 22 August 1964
* AWOL - 29 days from 17 December 1964 to 14 January 1965
* DFR - 158 days from 15 January to 21 June 1965
* Civil confinement - 11 days from 9 November to 19 November 1965

9.  Section 9 (Medals, Decorations, and Citations) of the DA Form 24, in pertinent part, shows he was awarded the Parachutist Badge by Headquarters, U.S. Army Infantry Training Center, Fort Benning, Special Orders 35, dated 14 February 1963.  This item also shows the Parachutist Badge entry is lined-through indicating it was deleted.

10.  He was assigned to the 525th Ordnance Company, Sieglesbach, Germany from 3 March 1966 to 4 April 1966 in MOS 55A (Ammunition Apprentice).

11.  On 21 April 1966, he was honorably released from active duty.  His DD Form 214 shows he completed 3 years, 1 month, and 6 days of creditable active service with 199 days of lost time.

12.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with (M-14) Rifle.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

14.  Army Regulation 672-5-1 (Military Awards), dated 3 May 1961, in effect at the time, provides that commanders authorized to award combat and special skill badges are authorized to revoke such awards.  It also provides, in pertinent part, any Parachutist Badge may be revoked when the awardee initiates, in his initial tour of airborne duty, action which results in termination of his airborne status prior to his completion of 18 consecutive months of airborne duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the award of the Parachutist Badge because he served more than 18 months in the 101st Airborne Division.

2.  The evidence of record shows he was assigned to the 327th Infantry, 101st Infantry Division, Fort Campbell from 19 February 1963 to 8 April 1964, a period of just over 13 months and from 20 September 1964 to 14 January 1965, a period of less than 4 months.

3.  The evidence of record shows he deliberately terminated his airborne status when he went AWOL on 17 December 1964 and he was DFR on 15 January 1965.  He terminated his airborne status prior to completing 18 consecutive months of airborne duty and his records were properly annotated to delete the Parachutist Badge to indicate revocation of the badge. 

4.  His records further show he was not assigned to an airborne unit in an airborne duty status subsequent to his return to military control on or about 21 June 1965.  Therefore, he is not entitled to correction of his records to show award of the Parachutist Badge.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090000197, dated 28 May 2009.



      ___________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)                                         AR20100015381



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ABCMR Record of Proceedings (cont)                                         AR20100015381



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