IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004510 


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 his records be corrected to show that he completed airborne training and that he was a paratrooper.

2.  The applicant states he completed airborne training and was awarded the Parachutist Badge and neither are reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides copies of his orders awarding him the Parachutist Badge, his individual jump record, and orders authorizing him to perform parachute duty.

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 U.S. Army Reserve on 30 January 1987 for a period of 8 years and training as a cannon crewman.  He was ordered to active duty training on 5 February 1987.  He completed his one-station unit training at Fort Sill, Oklahoma and was honorably released from active duty training on      14 May 1987.

3.  On 31 December 1987, he enlisted in the Regular Army for 4 years and assignment to the 18th Airborne Corps at Fort Bragg, North Carolina.

4.  He was assigned to the 18th Field Artillery Brigade at Fort Bragg and attended airborne training at Fort Benning, Georgia from 19 September to 15 October 1988.  He was awarded the Parachutist Badge on 14 October 1988. 

5.  He was returned to his unit at Fort Bragg and made at least six more jumps during the period of October 1988 to January 1989.

6.  He was transferred to Baumholder, Germany on 14 July 1989. He served until he was honorably released from active duty (REFRAD) under the Fiscal Year 1992 Early Transition Program on 29 July 1992.  He had served 4 years, 6 months, and 29 days of active service during his current enlistment.  His DD Form 214 issued at the time of his REFRAD shows no evidence of his being awarded the Parachutist Badge or attending Airborne Training for 3 weeks.  It also shows that he was awarded the National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and Army Service Ribbon.

7.  A review of his records failed to show any evidence of the applicant being terminated from airborne status for cause or of his Parachutist Badge being withdrawn or revoked.  His records also contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  Additionally, his records show that he completed his overseas tour.

8.  Army Regulation 614-200 (Selection of Enlisted Soldiers for Training and Assignment) provides, in pertinent part, that Soldiers who completed airborne training will be assigned a Special Qualification Identifier (SQI) of “P” to identify airborne qualifications. 

9.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that 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. 

10.  Army Regulation 600-8-22 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.  

11.  Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours.  

12.  Army Regulation  635-5 (Separation Documents) provides that only non-combat arms related courses in duration of  1 week (40 hrs) or more will be entered on the DD Form 214 in block 14 (Military Education). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect his airborne training and parachutist qualifications has been noted and appears to have merit.  The applicant completed the prescribed 3-week course of training and was awarded the Parachutist Badge on 14 October 1988.  Accordingly, his records should reflect that information.

2.  The applicant also served during a qualifying period for award of the OSR.  Accordingly, it should be awarded and added to his records at this time. 

3.  After carefully examining the applicant’s record of service, it appears the applicant should have received the first award of the AGCM for his service from  31 December 1987 through 30 December 1990.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

4.  Additionally, the applicant’s primary military occupational specialty should be corrected by adding the SQI of “P” in block 11 (Primary Specialty) of his DD Form 214.



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:

* Deleting the entry “13B1O” in block 11 of his DD Form 214
* Entering the entry “13B1P” in block 11 of his DD Form 214
* Awarding him the AGCM (first award) for the period 31 December 1987 to 30 December 1990 and adding it to his DD Form 214
* Adding the OSR to his DD Form 214
* Adding the award of the Parachutist Badge to his DD Form 214
* Adding the entry “Airborne Training, 3 WKS OCT 88” to block 14 of his DD Form 214




      _______ _   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)                                         AR20120004510





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ABCMR Record of Proceedings (cont)                                         AR20120004510



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