IN THE CASE OF:	  

		BOARD DATE:	    24 April 2012

		DOCKET NUMBER:  AR20110021002 


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 reinstate his Parachutist Badge.

2.  The applicant states he was awarded the Parachutist Badge and it was listed on his DD Form 214.  However, when he previously requested a correction to his DD Form 214 to add various awards, he was issued a DD Form 215 (Correction to DD Form 214) that deleted the Parachutist Badge.

3.  The applicant provides his DD Form 214, DD Form 215, and DA Form 20 (Enlisted Qualification Record).

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's records show he enlisted in the Regular Army on 21 June 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  Subsequent to completion of MOS training, he was reassigned to Fort Benning, GA, on or about 4 November 1966 where he completed the basic airborne course.

4.  Special Orders Number 278 issued by the Headquarters, Training Support Battalion, Fort Benning, GA, dated 30 November 1966, awarded him the Parachutist Badge.

5.  After completing the basic airborne course, he was reassigned to Company D, U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC.  While assigned to Fort Bragg, Special Orders Number 202 issued by Headquarters, U.S. Army Special Forces Training Group (Airborne), dated 6 September 1967, withdrew his award of the Parachutist Badge.

6.  He served in Vietnam from 20 November 1967 to 20 May 1968.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division.

7.  He was honorably released from active duty on 20 June 1969.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Bronze Star Medal with "V" Device
* Parachutist Badge
* Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)

8.  On 5 March 1997, he was issued a DD Form 215 that deleted the Vietnam Service Medal with two bronze service stars, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  The DD Form 215 added the:

* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9.  Army Regulation 600-8-22 (Military Awards) states the Parachutist Badge is awarded to individuals 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.  An award of any combat and special skill badge will be automatically revoked on dismissal, dishonorable discharge, or conviction by court-martial for desertion in wartime.  Any Parachutist Badge may be revoked when the awardee:

	a.  is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump or

	b.  initiates action which results in termination of airborne status or withdrawal of any 18-series (Special Forces) MOS or specialty skill identifier before he or she completes 36 cumulative months of airborne duty.  Any Parachutist Badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the Basic Airborne Course and he was awarded the Parachutist Badge in special orders on 30 November 1966.  However, upon assignment to Fort Bragg, special orders were issued to withdraw this badge.  It appears that when his DD Form 214 was issued, officials were not aware the badge had been withdrawn.  However, when his DD Form 215 was issued in the process of correcting his authorized awards, the error was discovered and the badge was properly removed from his DD Form 214.

2.  The Parachutist Badge is an individual award which may be revoked or withdrawn by appropriate officials.  Special Orders Number 202 issued by Headquarters, U.S. Army Special Forces Training Group (Airborne), dated 6 September 1967, withdrew his award of the Parachutist Badge.

3.  In view of the foregoing evidence, he is not entitled to the requested relief.


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)                                         AR20110021002



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ABCMR Record of Proceedings (cont)                                         AR20110021002



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