BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110007988
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 (Certificate of Releaser or Discharge from Active Duty) to show the Parachutist Badge.
2. The applicant states he went to airborne school during his assignment to a permanent party unit.
3. The applicant did not provide any 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 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 24 October 1986 and he held military occupational specialty 63G (Fuel and Electrical System Repairer). He was assigned to the 43rd Engineer Battalion, Fort Benning, GA.
3. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) does not show completion of airborne training.
4. His service records do not contain a certificate of training or diploma confirming attendance and completion of airborne school. Additionally, his official records do not contain orders awarding him the "P" skill qualification identifier (airborne) or orders awarding him the Parachutist Badge.
5. Per a telephone conversation with a training technician at the U.S. Army Infantry School, Fort Benning, GA, on 3 November 2011, the technician confirmed the applicant did not attend airborne school.
6. On 11 December 1989, he was issued a general discharge. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect the Parachutist Badge and item 14 (Military Education) does not reflect completion of airborne school.
7. Army Regulation 600-8-22 (Military Awards) states the Parachutist Badge is awarded to individual who 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's records that confirms his attendance and/or successful completion of airborne training. In the absence of additional documentary evidence such as official orders, a certificate of completion, a diploma, award of the "P" skill qualification identifier, or performance of a combat jump, there is insufficient evidence to grant the applicant 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 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.
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