BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021351
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed two low level combat parachute jumps.
2. The applicant states:
a. his two combat jumps are not reflected on his DD Form 214;
b. he was the operations sergeant who processed the manifest; and
c. a clerical oversight caused his jumps not to be recorded as combat.
3. The applicant provides no additional documents.
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 military record shows he enlisted in the Regular Army (RA) on 21 January 1963. He was trained in and awarded military occupational specialty (MOS) 11F (Infantry Intelligence and Operations Specialist).
3. On 20 January 1966, he was honorably discharged by reason of expiration term of service. The DD Form 214 issued at that time shows he completed 3 years of total active service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards during his tenure on active duty:
* Parachutist Badge
* Armed Forces Expeditionary Medal
* Combat Infantryman Badge
5. 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. Chapter 2 of this regulation contains item-by-item instructions for preparing the DD Form 214. It does not contain any provisions for showing the number jumps an individual has completed during his military service.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show he completed two combat parachute jumps. There are no provisions in the applicable Army regulation that authorizes documenting the number of jumps a Soldier completes on the DD Form 214. As a result, there is no basis to grant the requested relief in this case.
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) AR20100021351
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ABCMR Record of Proceedings (cont) AR20100021351
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