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ARMY | BCMR | CY2012 | 20120008557
Original file (20120008557.txt) Auto-classification: Denied

		

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120008557 


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 he completed the 3-week Basic Airborne Course.

2.  The applicant states he completed 3 weeks of training for airborne qualification; however, it is not reflected on his DD Form 214.  He further states his completion certificate and orders were unable to be located and that a clerical error is the likely reason for the missing information.

3.  The applicant provides a copy of his 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 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 was inducted into the Army of the United States on 15 February 1966.  He was trained in and awarded military occupational specialty 31B (Field Radio Mechanic).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 27 (Military Education) no entry showing he completed the 3-week Basic Airborne Course at any time throughout his service
* item 41 (Awards and Decorations) no entry showing award of the Parachutist Badge that he would have been awarded upon successful completion of airborne training

4.  His record does not contain official orders or a certificate of training that show he attended and/or completed airborne training.

5.  On 26 January 1968, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 12 days of total active service.  The DD Form 214 he was issued at the time shows does not show in:

* item 24 (Decorations, Medals, Badgers, Citations and Campaign Ribbons Awarded or Authorized) award of the Parachutist Badge
* item 25 (Education and Training Completed) an entry for completing the Basic Airborne Course

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record and the applicant did not provide any evidence that shows he ever attended or successfully completed the Basic Airborne Course.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20120008557



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ABCMR Record of Proceedings (cont)                                         AR20120008557



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