IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022943
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 military records to show award of the Master Parachutist Badge.
2. The applicant states his records indicated he had the required 65 jumps but the administrative copy indicated only 64 jumps. He adds that he was finally able to locate the discrepancy and the appropriate document.
3. The applicant provides a DA Form 1307 (Individual Jump Record) and a DA Form 1306 (Statement of Jump and Loading Manifest).
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 records show he enlisted in the Regular Army on 6 September 1967. He completed initial entry training and was awarded the military occupational specialty of 62E (Crawler Tractor Operator).
3. He was honorably released from active duty on 5 September 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed a total of 3 years of creditable active service.
4. His records show he retired from the USAR on 12 August 1994 in the rank of master sergeant/pay grade E-8 after completing more than 20 years of qualifying service for retirement.
5. His records contain a Jumpmaster Course Diploma showing he graduated from the course in 1987. His records also show he served on jump status with an airborne unit or other organization authorized parachutists from 1981 to 1994.
6. The DA Form 1307 and DA Form 1306 provided by the applicant show he participated in 65 jumps (24 combat equipment, 15 night with 1 as jumpmaster, and 6 mass tactical) obtained by static line parachuting.
7. Army Regulation 600-8-22 (Military Awards) states award of the Master Parachutist Badge requires a rating of "excellent" in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.
DISCUSSION AND CONCLUSIONS:
1. In order to qualify for award of the master parachutist badge, individuals must have completed the regulatory prerequisites prescribed above. Based on available records it appears he met all prerequisites for this badge except for the fact his records only show 24 jumps with combat equipment. As such, it appears he is not entitled to correction of his records to show award of the Master Parachutist Badge.
2. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20100022943
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ABCMR Record of Proceedings (cont) AR20100022943
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