IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120005616 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his airborne status.

2.  The applicant states his airborne status is not reflected on his DD Form 214 in spite of the fact he was with 43rd Company, 4th Student Battalion, in 1970.

3.  He provides no additional evidence.

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 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 4 November 1968 for a period of 3 years.  Upon successful completion of initial entry training, he was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).

3.  Letter Orders Number 7-1092 issued by Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, NC, dated 1 July 1970, ordered him to proceed on temporary duty to Fort Benning, GA, on or about 9 July 1970 for a period of 24 days for the purpose of attending the Basic Airborne Course.

4.  Special Orders Number 185 issued by Headquarters, The School Brigade, U.S. Army Infantry School, Fort Benning, GA, on 29 July 1970 placed him in a hazardous duty status for the purpose of performing parachutist duty effective 13 July 1970 until such status was terminated by orders.  These orders also awarded him the Parachutist Badge and MOS special qualification identifier "P" (Parachutist).

5.  Standard Form 88 (Report of Medical Examination), dated 9 August 1971, rendered in conjunction with his pre-separation medical examination shows his MOS included SQI "P" at that time.

6.  On 3 November 1971, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his statutory obligation.  At the time of his REFRAD he had completed 3 years of total active service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

7.  The DD Form 214 he was issued at the time contains the following pertinent information:

	a.  Item 23a (Specialty Number and Title) does not show SQI "P" as the fifth character of his MOS.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  Item 25 (Education and Training Completed) does not show he completed the Basic Airborne Course.

8.  His DA Form 20 (Enlisted Qualification Record) reflects the following pertinent information:

	a.  Item 22 (MOS) shows he was awarded SQI "P."

	b.  Item (Military Education) shows no entry for the Basic Airborne Course.

	c.  Item 38 (Record of Assignments) shows his duty MOS required an SQI of "P" from 20 May 1970 until his REFRAD.  He received all "excellent" conduct and efficiency ratings for each of his duty assignments.

	d.  Item 41 (Awards and Decorations) shows no entry for award of the Parachutist Badge.

9.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  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 or have participated in at least one combat parachute jump.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that the Soldier's military education is obtained from the Soldier's records.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed should be entered in item 25 of the DD Form 214.  Additionally, the separating Soldier's complete MOS and all decorations and awards awarded or authorized should be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence of record shows he completed the Basic Airborne Course on or about 29 July 1970 and was awarded both the Parachutist Badge and SQI "P."  Therefore, he is entitled to have this information reflected on his DD Form 214.

3.  The evidence of record also shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  There is no evidence 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 1968 through 3 November 1971 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 1968 through 3 November 1971;

	b  deleting the entry "63B2O" from item 23a of his DD Form 214 and replacing it with the entry "63B2P";

	c.  adding the Parachutist Badge and Army Good Conduct Medal (First Award) to item 24 of his DD Form 214; and


	d.  adding the entry "Basic Airborne Course, 3 weeks, 1970," to item 25 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)                                         AR20120005616



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ABCMR Record of Proceedings (cont)                                         AR20120005616



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