IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002943 


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 award of the Senior Parachutist Badge.

2.  The applicant states he met the criteria for the award prior to his release from active duty (REFRAD); however, he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) before receiving orders for award of the Senior Parachutist Badge.  Apparently the orders for this award were lost or never placed in his record.

3.  The applicant provides:

* Self-authored statement
* Letter from the National Personnel Records Center, dated 9 January 2012
* Pages 1 and 2 of his DA Form 2-1 (Personnel Qualification Record)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 19 October 1995
* NGB Form 22 for the period ending 29 April 2005
* Certificate of Achievement for successfully completing the Jumpmaster Course on 10 September 1992
* DA Form 1307 (Individual Jump Record) for the period 20 January 1987 to 7 February 1993

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 27 August 1986.  He completed advanced individual training (AIT) at Fort Sill, OK and he was awarded military occupational specialty 13F (Fire Support Specialist).

3.  Following completion of AIT, on 5 January 1987, he was reassigned to Fort Benning, GA for basic airborne training.  He completed airborne training and he departed Fort Benning on 23 January 1987 for his permanent duty assignment at Fort Bragg, NC.

4.  His DA Form 2-1 shows he was awarded the Army Good Conduct Medal (AGCM) (1st Award) on 26 August 1989 and was stationed at Fort Bragg from  24 January 1987 to 14 March 1993 and assigned to:

* 1st Battalion, 39th Field Artillery Regiment (Airborne), 82nd Airborne Division, from 26 January 1987 to 6 June 1989
* Headquarters Support Brigade, 1st Battalion, 319th Field Artillery Regiment, 82nd Airborne Division, from 15 June 1989 to 14 March 1993

5.  .  On 14 March 1993, he was honorably released from active duty at the expiration of his term of service.  He completed 6 years, 6 months, and 18 days of creditable active service that included 7 months and 12 days of foreign service.  His DD Form 214 does not list his AGCM, however, it does show, among other awards, the Parachutist Badge.

7.  He provided a Certificate of Achievement, dated 10 September 1992, from the 82nd Airborne Division, showing he successfully completed the Jumpmaster Course, Class 14-92, for a period of 2 weeks and 3 days.

8.  He provided a DA Form 1307 that shows he participated in a total of 40 jumps, of which there were 30 combat equipment jumps, 21 night jumps,
12 mass tactical jumps, and 3 noncombat jumps where he served as the jumpmaster.  His first noncombat jump while serving as a jumpmaster was conducted on 15 June 1992.

9.  Army Regulation 600-8-22 (Military Awards) states there are three degrees of parachutist badges authorized for award -- the Parachutist Badge, Senior Parachutist Badge, and Master Parachutist Badge.  

	a.  To be eligible for award of the Basic Parachutist Badge, 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 as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander, while engaged in military operations involving conflict with an opposing foreign force, and while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

	b.  To be eligible for the Senior Parachutist Badge, an individual must have been rated excellent in character and efficiency and have participated in a minimum of 30 jumps, 15 jumps with combat equipment to consist of normal Table of Organizational Equipment (TOE) including individual weapon carried in combat whether the jump was in actual or simulated combat; 2 night jumps, one of which will be as jumpmaster of a stick; 2 mass tactical jumps that culminate in an airborne assault problem with either a unit equivalent to a battalion or larger, a separate company/battery, or an organic staff of regimental size or larger.  The Soldier must fill a position commensurate with his or her rank or grade during the problem by static line parachuting.  The Soldier must have either graduated from the Jumpmaster Course or served as jumpmaster on one or more combat jumps or as a jumpmaster on 15 noncombat jumps, and have served on jump status with an airborne unit or other organizations authorized parachutists for a total of at least 24 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met and exceeded the criteria for award of the Senior Parachutist Badge by participating in 40 jumps, of which there were 30 combat equipment jumps, 21 night jumps, 12 mass tactical jumps, 3 noncombat jumps serving as a jumpmaster, and successful completion of the Jumpmaster course.  In addition he served on jump status with an airborne unit in Fort Bragg, NC, for over 5 years and he was awarded the Army Good Conduct Medal, inadvertently left off his DD Form 214, which clearly demonstrates his excellence of character and efficiency.  

2.  In view of the foregoing, he is entitled to award of the Senior Parachutist Badge and correction of his DD Form 214 to show this badge and the AGCM.
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.  awarding him the Senior Parachutist Badge, effective 10 September 1992 and

	b.  adding to his DD Form 214 the Senior Parachutist Badge and the Army Good Conduct Medal.



      _______ _   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)                                         AR20120002943



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ABCMR Record of Proceedings (cont)                                         AR20120002943



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