BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008747
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 the entry "Basic Airborne School, 8 Weeks, 1982" be removed from item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1996.
2. He states his DD Form 214 reflects he was awarded the Parachutist Badge. He states he went to Airborne training in Fort Benning, GA, but he didn't complete the course.
3. He provides no additional documents.
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. The applicant enlisted in the Regular Army on 16 June 1975 and he was honorably released from active duty on 15 June 1978. On the following day, he was transferred to a Reserve unit to complete his military service obligation.
3. He enlisted in the Regular Army again on 1 January 1979.
4. His DA Form 2-1 (Personnel Qualification Record Part II) indicates he attended, but didn't complete basic airborne training in 1982.
5. His service record doesn't indicate he was awarded the Parachutist Badge.
6. He was retired from active duty on 31 January 1996. Item 14 of his DD Form 214 for the period ending 31 January 1996 reflects the entry "Basic Airborne School, 8 Weeks, 1982."
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version of this regulation in effect at the time, directed that item 14 would list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he went to Airborne training in Fort Benning, GA, but he didn't complete the course. His DA Form 2-1 confirms he did not complete basic Airborne course.
2. The applicant also states his DD Form 214 reflects award of the Parachutist Badge. However, a review of his DD Form 214 for the period ending 31 January 1996 failed to reveal an entry for award of the Parachutist Badge.
3. However, his DD Form 214 for the period ending 31 January 1996 shows he completed the basic Airborne training in 1982. Therefore, it would be appropriate to delete this entry from this discharge document.
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 amending item 14 of his DD Form 214 for the period ending 31 January 1996 to delete the entry "Basic Airborne School, 8 Weeks, 1982."
_______ _ 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.
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