BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019238
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 reflect all his awards and decorations. He also requests another copy of his Airborne School Completion Certificate.
2. The applicant states he graduated from airborne school at Fort Bragg, NC in 1959 and he received his wings. He also states he started receiving jump pay.
3. The applicant provides a record of court-martial and photographs 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 applicant was inducted into the Army of the United States on 5 November 1959. He was trained in and held military occupational specialty (MOS) 111.00 (light weapons infantryman).
3. His record contains a DA Form 24 (Service Record). Section 9 (Medals, Decorations, and Citations) of this form does not include the Parachutist Badge. The only award listed in Section 9 is the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). The record does not contain an Airborne Course Completion Certificate and is also void of any orders or other documents indicating he ever completed the airborne course or that he was awarded the Parachutist Badge. It is also void of orders or other documents indicating he received jump pay.
4. On 20 August 1961, the applicant was discharged from the Army. He completed 8 months and 20 days of total active service with 392 days of time lost. The DD Form 214 he was issued at the time shows in:
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)"
* item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) the entry "NA" indicating no applicable schools or courses completed during his period of service
* item 29 (Other Service Training Courses Successfully Completed) the entry "Btl Indoc" indicating battle indoctrination
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicants separation indicated the service record would be the source for entries on the DD Form 214. It states for:
* item 26, enter decorations, etc., awarded or authorized during the period covered by the DD Form 214, from Section 9 of the DA Form 24
* item 28, enter service schools, including dates and major courses which were successfully completed. The entry also includes military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared
* item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add awards to his DD Form 214 and to be provided a copy of his Airborne Course Graduation Certificate has been carefully considered and found to be without merit.
2. The applicants DA Form 24 is void of any entries confirming he ever attended or successfully completed the airborne course. In addition, section 9 does not list the Parachutist Badge as an authorized award. Further, the only award earned by the applicant and listed in section 9 of his DA Form 24 is a marksman marksmanship qualification badge which is already listed on his DD Form 214.
3. His record is also void of any documents or orders showing he ever earned any additional awards or that show he ever received jump pay. Absent such documents or corroborating evidence he completed the airborne course, there is no basis for granting this portion of 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) AR20110019238
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ABCMR Record of Proceedings (cont) AR20110019238
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