IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024122 


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 (Report of Separation from the Armed Forces of the United States) to show his award of the Parachutist Badge.

2.  The applicant states, in effect, that he completed the Basic Airborne Course at Fort Benning, GA; he served as a paratrooper; and he is entitled to the Parachutist Badge.  He further states that he believes the Army should be able to verify his records and correct his DD Form 214 to ensure that he receives what he is entitled to.

3.  The applicant provides:

* A copy of his DD Form 214 for the period ending 3 September 1954
* A copy of his Honorable Discharge Certificate
* A copy of a certificate, issued by The Infantry School, Fort Benning, certifying he completed the Basic Airborne Course in February 1952
* A copy of a letter from the Military Awards Branch, U.S. Army Human Resources Command, Alexandria, VA, dated 21 July 2006, informing him that they could not make a determination of his eligibility for the award
* A copy of an AGO MASS 51
* A letter from the National Personnel Records Center, St. Louis, MO, dated 6 April 2006


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 applicant’s 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 applicant’s 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 are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army in Boston, MA on 4 September 1951 for a period of 3 years.

4.  On 10 September 1952, while serving in Korea, he sustained a shell fragment wound to his lower left leg for which he was subsequently awarded the Purple Heart.

5.  He served 1 year and 1 day of foreign service and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 10 December 1953.

6.  On 3 September 1954 he was honorably discharged at Fort Devens, MA due to the expiration of his term of service (ETS).  He had served 3 years of total active service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Purple Heart
* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* National Defense Service Medal
* United Nations Service Medal
* Combat Medical Badge

7.  The applicant’s DD Form 214 does not reflect his completion of any military training courses.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  The authority to wear the Parachutist Badge must be published in orders.

9.  Army Regulation 600-8-22 (Military Awards) states any parachutist badge may be revoked when the awardee:  (a)  is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump or (b)  initiates action which results in termination of airborne status or withdrawal of any Career Management Field (CMF) 18 military occupational specialty (MOS), MOS 180A, or special skill identifier (SSI) 18A before he completes 36 cumulative months of airborne duty.  Any parachutist badge with a bronze star for a combat jump will be retained regardless of time on airborne status.  Any parachutist badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own; for example, injury or reassignment under favorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded the Parachutist Badge is not in doubt, there is insufficient evidence remaining in the available records to establish that he was in fact awarded the Parachutist Badge or that he retained the award of the Parachutist Badge until the date of his discharge.

2.  The parachutist badge is a badge that has always had provisions which provide for it’s revocation under certain circumstances and there is insufficient evidence to establish what occurred in the applicant’s case, especially 50+ years after the fact.

3.  While the applicant’s frustrations are understandable, there simply is not sufficient evidence to determine with any degree of certainty that the applicant is entitled add the Parachutist Badge to his DD Form 214. 

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100024122



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ABCMR Record of Proceedings (cont)                                         AR20100024122



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