IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021794
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 Release or Discharge from Active Duty) to show the Parachutist Badge and Airborne School.
2. He states the badge and school were not entered on his DD Form 214.
3. He provides no documentary evidence 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 enlisted in the Regular Army on 11 September 1979.
3. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Parachutist Badge. Item 17 (Civilian Education and Military Schools) shows he completed the 3-week Basic Airborne Course at the U.S. Army Infantry School in 1980. His record contains a diploma confirming the entry in item 17.
4. On 7 September 1989, he was honorably discharged at the expiration of his term of service after completing 9 years, 11 months, and 27 days of creditable active service. His DD Form 214 does not show in:
* Item 13 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) award of the Parachutist Badge
* Item 14 (Military Education) an entry for completing the Basic Airborne Course
5. 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.
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed the 3-week Basic Airborne Course in 1980 and as a result, he was awarded the Parachutist Badge. Therefore, his DD Form 214 should be corrected to this badge.
2. Airborne training is not strictly a combat skills course as such training can be applied to civilian employment opportunities. Therefore, it would also be appropriate to correct his DD Form 214 to show this training course.
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:
a. adding to his DD Form 214 the Parachutist Badge, and
b. adding to his DD Form 214 the entry "Basic Airborne Course, 3 weeks, 1980."
____________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) AR20110021794
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ABCMR Record of Proceedings (cont) AR20110021794
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