IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110015528
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 the Parachutist Badge be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states omission of the Parachutist Badge was an administrative oversight. Also, he wants to join a veteran paratroopers' organization.
3. The applicant provides a copy of:
* his DD Form 214
* DD Form 215 (Correction to DD Form 214)
* a photograph of himself in uniform with what appears to be an Airborne Cap insignia on his garrison cap
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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. His records were destroyed, lost, or seriously damaged in that fire. However, sufficient documents are available to conduct a fair and impartial review of this case.
3. The applicant, a previous inductee, enlisted in the Regular Army on 3 May 1954. The DD Form 214 for that first period of service is not available.
4. He was separated in pay grade E-1 on 15 August 1956 and transferred to the Army Reserve.
5. His DD Form 214 for that second period of service shows, in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) only the National Defense Service Medal.
6. There is no available evidence that the applicant was awarded the Parachutist Badge and nothing, such as pay records, to show that he was ever authorized "Jump Pay".
7. In April 1980 the Adjutant General, Army reserve Personnel Command determined that the applicant was eligible for the Army Good Conduct Medal and issued a DD Form 215 to add that award to the applicant's DD Form 214.
8. In prior correspondence concerning his records the applicant indicated that he had, "Graduated from Airborne School Fort Campbell, KY May 1954."
9. Army Regulation 600-8-22 (Military Awards) 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.
10. Until August 1972 when the Army policy for listing awards on the DD Form 214 was changed, it was the practice to list only those awards that were received during the specific period of service covered by each individual DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no available evidence to show that the applicant was ever awarded the Parachutist Badge or authorized "Jump Pay".
2. However, if he is correct that he completed airborne training in May 1954, the Parachutist Badge might well be listed on his first DD Form 214.
3. In view of the foregoing findings and conclusions, it would be appropriate to deny the applicant's request.
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) AR20110015528
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ABCMR Record of Proceedings (cont) AR20110015528
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