IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20120000416
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 to his DD Form 214 (Report of Separation from Active Duty) to show award of the Parachutist Badge and the Jungle Expert Patch.
2. The applicant states he graduated from Airborne School, at Fort Benning, GA, on 8 September 1976, and completed the Jungle Warfare Training Course on 1 July 1977.
3. The applicant provides:
* DD Form 214
* Course completion certificate for the Basic Airborne Course
* Course completion certificate for the Jungle Warfare Training Course
* Several photographs
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 23 April 1976, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in
item 17 (Civilian Education and Military Schools) he completed the Basic Airborne Course, 3 weeks, 1976, and the Jungle Warfare Training Course, 3 weeks, 1977.
4. He was honorably released from active duty on 22 April 1979, in pay grade E-4. He was credited with completing 3 years of active military service.
5. The applicant's DD Form 214 shows the following awards:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bars
* Ranger Tab
* Scuba Diver Qualification Badge
6. The applicant provided a copy of his course completion certificate which shows he completed the Basic Airborne Course at Fort Benning, GA, and was rated as a qualified parachutist effective 8 September 1976.
7. The applicant's records contain a copy of Headquarters, U.S. Army Infantry Center (USAIC), Orders Number 69-1, dated 7 September 1976, which awarded him the Parachutist Badge, effective 23 August 1976.
8. The applicant provided a copy of his course completion certificate which shows he completed the Jungle Warfare Training Course at Fort Sherman, Canal Zone, effective 1 July 1977.
9. The records do not contain any orders awarding him the Jungle Expert Patch.
10. Army Regulation 600-8-22 (Military Awards) does not list the Jungle Expert Patch as an authorized or approved award. Jungle Warfare Training Courses
are conducted by brigade and division level units throughout the Army as local training courses in combat skills. The badge awarded upon completion of this course is awarded in accordance with local polices governing this training course.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add the Parachutist Badge to his DD Form 214 has been carefully considered and found to have merit.
2. Headquarters, USAIC, Orders 69-1, dated 7 September 1976, awarded the applicant the Parachutist Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. His contention that his DD Form 214 should be corrected to show award of the Jungle Expert Patch is acknowledged. Evidence shows he attended and completed the Jungle Warfare Training Course on 1 July 1977 at Fort Sherman, Canal Zone. However, the Jungle Expert Patch is not listed as an authorized award in Army Regulation 600-8-22. Therefore, there is no basis for adding the Jungle Expert Patch to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the Parachutist Badge.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to award of the Jungle Expert Patch.
_______ _ _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) AR20120000416
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ABCMR Record of Proceedings (cont) AR20120000416
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