IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021967
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Parachutist Badge with bronze service star.
2. The applicant states:
* his DD Form 214 does not indicate his "Combat" Parachutist Badge
* he served in Operation Just Cause in Panama
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on 9 February 1988 for a period of 4 years. He completed his training and was awarded military occupational specialty 13F (fire support specialist). He served in Panama from 20 December 1989 to 12 January 1990 and he served in Southwest Asia from 13 August 1990 to 2 April 1991. On 2 March 1992, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows, among other awards, the Parachutist Badge.
4. Headquarters, U.S. Army Infantry Center, Permanent Orders 129-17, dated 6 July 1988, show he was awarded the Parachutist Badge on 15 July 1988 for successful completion of airborne training.
5. There are no orders for the Parachutist Badge with bronze service star.
6. There is no evidence of record which shows he participated in a combat parachute jump.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and orders are required to confirm award of these badges. Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault. The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with bronze service star.
DISCUSSION AND CONCLUSIONS:
There is no evidence which shows the applicant was awarded the Parachutist Badge with bronze service star. There is also no evidence which shows he participated in a combat parachute jump. Therefore, there is insufficient evidence on which to base adding a bronze service star to his Parachutist Badge.
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) AR20110021967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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