IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010608
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Parachutist Badge and the Basic Airborne Course.
2. The applicant states he was airborne and this information is not shown on his DD Form 214. He was advised recently that this information should have been listed on his DD Form 214.
3. The applicant provides:
* Orders Number 258-17
* Orders Number 181-2
* DA Form 2139 (Military Pay Voucher)
* 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. The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 22 August 1985. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II), section 17 (Civilian Education and Military Schools), shows he completed a 3-week Basic Airborne Course in 1986.
4. Orders Number 258-17, issued by Headquarters, 193rd Infantry Brigade, dated 14 November 1986, authorized him to perform parachute duty from 16 November to 6 December 1986.
5. He provides a copy of his DA Form 2139, for the pay period 1-14 August 1987, which shows he received Jump Pay in August 1987.
6. He was honorably released from active duty in pay grade E-4 on 14 August 1987. He was credited with completing 1 year, 11 months, and 23 days of net active service. His DD Form 214 lists in:
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Item 14 (Military Education) - the entry "None"
7. 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.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated:
* Item 13 would include all awards and decorations for all periods of service
* Item 14 would include formal in-service (full-time attendance) training course successfully completed during the period of service covered by the DD Form 214 and include title, lengths in weeks, and year completed; training courses for combat skills would not be listed
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant attended and successfully completed the Basic Airborne Course in 1986 and subsequently performed parachute duty. Therefore, he is eligible for award of the Parachutist Badge and correction of his DD Form 214 to show the Parachutist Badge and completion of the Basic Airborne Course.
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 his DD Form 214 by:
* adding the Parachutist Badge to item 13
* adding the entry, "Basic Airborne Course, 3 weeks, 1986" to item 14
_______ _ _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) AR20120010608
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ABCMR Record of Proceedings (cont) AR20120010608
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