BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100021513
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 (Certificate of Release or Discharge from Active Duty) to show his Jump Wings [hereafter referred to as Parachutist Badge] and Army Commendation Medal (ARCOM).
2. He states he earned these awards while on active duty; however, they are not recorded on his DD Form 214.
3. He provided his 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. His military personnel record shows he enlisted in the Regular Army on
15 May 2000. He was awarded military occupational specialty 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* Item 9 (Awards, Decorations and Campaigns) no evidence he was awarded the Parachutist Badge or the ARCOM
* Item 17 (Civilian Education and Military Schools) no entry showing he completed the Basic Airborne Course
4. He was released from active duty on 12 November 2004, after completing
4 years, 5 months, and 28 days of net active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the ARCOM. Therefore it will not be addressed further in this Record of Proceedings.
5. The academic coordinator for the U.S. Army Airborne School, Fort Benning, GA confirms he graduated the Basic Airborne Course, Class 500-02, during the period 4 to 25 January 2002.
6. Army Regulation 600-8-22 (Military Awards) prescribes the policy and guideline for the issuance of military awards and decorations. It states, in pertinent part, for award of the basic Parachutist Badge 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.
DISCUSSION AND CONCLUSIONS:
1. The Academic Coordinator for the Basic Airborne Course, Fort Benning, GA confirmed he graduated from class 500-02; therefore, he meets the eligibility criteria outlined in Army Regulation 600-8-22 for award of the basic Parachutist Badge.
2. In view of the foregoing, he is entitled to have the basic Parachutist Badge and to have this badge added to item 13 of his DD Form 214.
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 basic Parachutist Badge to item 13 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) AR20100021513
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ABCMR Record of Proceedings (cont) AR20100021513
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