BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015085
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 record be corrected to show authorization of a bronze service star with his Parachutist Badge.
2. The applicant states he is authorized a bronze service star with his Parachutist Badge based on his combat jump in Panama in December 1989.
3. The applicant provides a DA Form 1307 (Individual Jump Record) 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 record shows the applicant enlisted in the Regular Army on 14 May 1984, and was trained in and awarded military occupational specialty (MOS) 31C (Single Chanel Radio Operator) with the Special Qualification Identifier (SQI) P (Parachutist). It further shows he was promoted to sergeant/E-5 on 1 February 1989, and that this is the highest rank he attained while serving on active duty.
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 82nd Signal Battalion, 82nd Airborne Division from 5 March 1987 through his discharge on 8 February 1990.
4. On 8 February 1990, the applicant was honorably discharged after completing 5 years, 8 months, and 25 days of creditable active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he earned the following awards:
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Driver and Mechanic Badge with W (Driver) Bar
5. The applicant provides a DA Form 1307 that shows he made a jump at Tocumen Airstrip, Panama, on 19 December 1989. He also provides a leave and earnings statement confirming he received imminent danger pay for Panama in December 1989.
6. The Military Awards Branch reference site for unit awards shows the 82nd Signal Battalion, Detachment (Panama Campaign Participation Credit) received assault landing credit for 20 December 1989 (Torrijos-Tocumen Airport, Panama) which was authorized in Department of the Army General Order (DAGO) 31, dated 30 November 1992. It states a bronze service star affixed to the Parachutist Badge is authorized for members of the unit listed in DAGO 31, 1992, for participation in combat parachute jump on 20 December 1989. Included in the units authorized was the 82nd Signal Battalion Detachment.
7. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 8-11 provides guidance on Parachutist Badges. It states, in pertinent part, that a bronze service star is authorized to be worn on the Parachutist Badges to denote a Soldiers participation in a combat parachute jump. Orders are required to confirm award of these badges. Soldiers combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for a bronze service star with his Parachutist Badge has been carefully considered and found to have merit. The evidence of record confirms the applicant served in Panama with the 82nd Signal Battalion in December 1989. It also confirms that his unit received assault landing credit for a combat jump onto Torrijos-Tocumen Airport, Panama, on 20 December 1989, as evidenced by DAGO 31, dated 1992.
2. Although the jump record provided by the applicant indicates the date of the jump was 19 December 1989, it is clear the jump in question in fact took place in the early morning hours of 20 December 1989. Therefore, it is reasonable to presume the date inconsistency was the result of an administrative error made in recording the jump on the applicants jump record. Therefore, it would be appropriate to err in favor of the applicant and to add the bronze service star to his Parachutist Badge based on his participation in the combat jump made in Panama on 20 December 1989.
BOARD VOTE:
__x____ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 by deleting the current Parachutist Badge entry and replacing it with the entry Parachutist Badge with bronze service star.
_______ 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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