IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110006842
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the German Armed Forces Parachutist Badge.
2. The applicant states he "received them [German jump wings] in 1970 or 1971.
He earned them and he thinks he should be able to put them on his DD Form 214."
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on 17 November 1969. He completed training and was awarded the military occupational specialty of 13A (Field Artillery Basic).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from on or about 15 June 1970 to on or about 6 November 1971.
4. On 9 November 1971, he was honorably released from active duty. His DD Form 214 shows he was credited with the completion of 1 year, 11 months, and 23 days of total active service, including 1 year, 4 months, and 24 days of foreign service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Good Conduct Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. There is no documentation in his records and he has not provided any documentation that shows he was awarded the German Armed Forces Parachutist Badge.
7. Army Regulation 600-8-22 (Military Awards) states commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation. Appendix D lists the German Armed Forces Parachutist Badge (bronze, silver, and gold).
DISCUSSION AND CONCLUSIONS:
The evidence of record fails to show he was awarded the German Armed Forces Parachutist Badge. Absent such evidence, there is an insufficient basis to grant relief in this case.
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 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) AR20100022089
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ABCMR Record of Proceedings (cont) AR20110006842
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