IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100028250
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, in effect, correction of his military records to show award of the Master Parachutist Badge.
2. The applicant states he submitted his paperwork in September 1999 but he was discharged prior to completion of the paperwork and its return to him. He states that he met all the requirements and personally acquired all the required signatures.
3. The applicant provides no additional evidence in support of his application.
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 enlisted in the Regular Army on 1 August 1989. He completed his initial entry training and he was awarded military occupational specialty 11B (infantryman). The highest rank/grade he held was staff sergeant (SSG)/E-6.
3. He was honorably discharged from active service on 1 February 2000. He completed 10 years, 6 months, and 1 day of creditable active service.
4. His record shows he was awarded the Senior Parachutist Badge.
5. There is no evidence of record and he did not provide any evidence of his
DA Form 1307 (Individual Jump Record) or any other evidence that shows he successfully completed the required Jumpmaster Course.
6. 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. There is no available evidence and he has not provided any evidence to show he met all the prerequisites for this badge. As such, there is insufficient evidence to warrant awarding him this badge and correcting of his DD Form 214 to show this award.
2. In view of the foregoing, his request should be denied.
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) AR20100028250
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ABCMR Record of Proceedings (cont) AR20100028250
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