IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003236
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.
2. The applicant states he was awarded the Parachutist Badge on 12 November 1973.
3. The applicant provides:
* Special Orders Number 227, Headquarters, The School Brigade U.S. Army Infantry School, Fort Benning, GA, dated 27 November 1973
* DD Form 214
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. On 30 June 1973, the applicant enlisted in the Regular Army, completed the training training requirements, and he was awarded military occupational specialty (MOS) 76D (Materiel Supplyman). He was later awarded MOS 71T (Equipment Maintenance Clerk) and MOS 91P (X-Ray Specialist). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. The applicant was awarded the Parachutist Badge in Special Orders Number 227, dated 27 November 1973.
4. On 3 May 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement). He completed 5 years, 10 months, and 4 days of active military service. The Parachutist Badge is not shown on his DD Form 214 for the period ending 3 May 1979.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the Parachutist Badge was carefully considered and determined to have merit.
2. Special orders awarded him the Parachutist Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.
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 adding the Parachutist Badge to his DD Form 214 for the period ending 3 May 1979.
_______ _ __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) AR20120003236
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ABCMR Record of Proceedings (cont) AR20120003236
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