IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20110022484
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 (Report of Separation from Active Duty) to show award of the Parachutist Badge and Ranger Tab.
2. He states the Parachutist Badge and Ranger Tab were omitted from his DD Form 214 and he would like to have them added.
3. He provides:
* DD Form 214
* 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. His record shows he enlisted in the Regular Army on 4 November 1971.
3. His record contains Special Orders Number 77 issued by Headquarters, The School Brigade, U.S. Army Infantry Center, Fort Benning, GA, on 11 April 1972 which show he was awarded the Parachutist Badge for successful completion of the Airborne Course on 28 March 1972.
4. His record contains Special Orders Number 128 issued by Headquarters, The School Brigade, U.S. Army Infantry Center, Fort Benning, GA, on 20 June 1972 which show he was awarded the Ranger Tab for successful completion of the Ranger Course on 22 June 1972.
5. His DA Form 20 contains the following information:
a. Item 28 (Specialized Training) shows he successfully completed the Airborne and Ranger Courses.
b. Item 38 (Record of Assignments) shows he attended the Airborne and Ranger Courses and he received "excellent" conduct and efficiency ratings for each of his assignments.
c. Item 41 (Awards and Decorations) shows award or authorization of the:
* National Defense Service Medal
* Parachutist Badge
* Ranger Tab
6. He was honorably released from active duty on 1 November 1974 and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 11 months, and 28 days of creditable service. At the time of his discharge, he held the rank/pay grade of specialist four/E-4. His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.
7. The DD Form 214 issued to him at the time of his release only shows award or authorization of the National Defense Service Medal.
8. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the Parachutist Badge and Ranger Tab was carefully considered and determined to have merit.
2. Special orders awarded him the Parachutist Badge for successful completion of the 3-week Airborne Course on 28 March 1972. Therefore, he is entitled to have this special skill badge shown on his DD Form 214.
3. Special orders awarded him the Ranger Tab for successful completion of the Ranger Course on 22 June 1972. Therefore, he is entitled to have this special skill badge shown on his DD Form 214.
4. The evidence shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and he had no convictions by a court-martial. Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 4 November 1971 through 1 November 1974 and his DD Form 214 should be corrected to show this award.
BOARD VOTE:
____X____ ____X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. awarding him the Army Good Conduct Medal (1st Award) for the period 4 November 1971 through 1 November 1974 and
b. adding the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Parachutist Badge
* Ranger Tab
_____________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) AR20110022484
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ABCMR Record of Proceedings (cont) AR20110022484
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