IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004521 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Jumpmaster Badge (correctly known as Master Parachutist Badge), the National Defense Service Medal, and the Good Conduct Medal.

2.  The applicant states, in effect, he was stationed in Okinawa during the period of 1962 through 1963 when he completed the Jumpmaster course.  He made approximately 40 jumps, though only 30 jumps were necessary to qualify for the course. He was awarded a certificate of completion for the course but his name was spelled incorrectly on the certificate.  It incorrectly read "Jerry" instead of "Gary."

3.  The applicant provides a Certificate of Training for the Jumpmaster course, DD Form 214, references concerning the Good Conduct Medal, the National Defense Service Medal, and the Master Parachutist Badge.

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, and 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 enlisted in the Regular Army on 30 October 1961.  He completed basic combat and advanced individual training.  He was awarded the military occupational specialty (MOS) 112.67 (heavy weapons infantry).  He completed basic airborne school.  The highest rank he attained while on active duty was sergeant (SGT/E-5).

3.  The applicant provided a copy of his Certificate of Training, which shows he successfully completed the Jumpmaster course.  The Certificate of Training lists his name incorrectly as "Jerry" instead of "Gary."  The service number on the certificate matches the service number listed in his military records.

4.  The applicant's record contains a DA Form 1307 (Individual Jump Record) which shows that he completed a total of 30 jumps during the period of 16 April 1962 through 15 September 1964.  The DA Form 1307 indicated that the applicant was qualified as a parachutist.  

5.  The jumps listed on the applicant's record were divided into the following categories:

* 20 jumps with combat equipment
* 1 night jump
* 1 Jumpmaster jump
* 15 mass tactical jump

6.  Army Regulation 600-8-22 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.

7.  Army Regulation 600-8-22 states award of the Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

8.  Army Regulation 600-8-22 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.

9.  There is no record of the National Defense Service Medal or the Good Conduct Medal in the applicant's military records.

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

11.  A review of his service record shows no derogatory information in the form of 
lost time, nonjudicial punishment, or suspension of favorable personnel actions 
that would disqualify him for the first award of the Army Good Conduct Medal during the period 30 October 1961 through 29 October 1964.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service. In addition the applicant was honorably discharged at the end of his term of service.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 amended to show the Master Parachutist Badge, the National Defense Service Medal, and the Good Conduct Medal was carefully considered and determined to have partial merit.

2.  The applicant provided a copy of his Certificate of Training, which shows he successfully completed the Jumpmaster course.  The Certificate of Training lists his name incorrectly read "Jerry" instead of "Gary."  Therefore, he is entitled to have his Certificate of Training corrected to show his correct first name of "Gary."

3.  The applicant does not meet the requirements necessary to qualify for the Master Parachutist Badge.  Therefore, there is no basis to grant the applicant's request to have his DD Form 214 corrected to show this award.

3.  The applicant's records show that he served a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  The evidence of record confirms he served honorably on active duty during the period 16 April 1962 through 15 September 1964.  His record is void any 
evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  

5.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.  

6.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  issuing him a new Certificate of Training for the Jumpmaster Course to show his correct first name as "Gary"

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 April 1962 through 15 September 1964, and;


	d.  adding to item 24 of the applicant's DD Form 214 the:

* Good Conduct Medal (1st Award)
* National Defense Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Master Parachutist Badge.



      ___________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)                                         AR20110004521



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ABCMR Record of Proceedings (cont)                                         AR20110004521



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