IN THE CASE OF:	

		BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130001934 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Senior Parachutist Badge and Expert Marksmanship Qualification Badge and completion of the Basic Airborne Course.

2.  He states he must have overlooked his qualifications during his transition out of the Army.  He attended Basic Airborne Course at Fort Benning, GA, in 2008 and he was an Expert marksman at the time of his discharge.

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 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.  After completing prior service, the applicant enlisted in the Regular Army on 26 July 2007.

3.  A review of his personnel records in the interactive Personnel Electronic Records Management System (iPERMS) failed to reveal any evidence:

* that he qualified as Expert with a weapon or weapon system or was awarded the Expert Marksmanship Qualification Badge
* of his character and efficiency ratings
* of a record of 30 jumps
* that he graduated from the Jumpmaster Course
* of his service on jump status for at least 24 months
* orders showing he was awarded the Senior Parachutist Badge 

4.  iPERMS does include a copy of Permanent Orders 269-3594, dated 25 September 2008, awarding him the basic Parachutist Badge for successful completion of airborne training.

5.  His Enlisted Record Brief does not show award of either the Senior Parachutist Badge or the Expert Marksmanship Qualification Badge.

6.  He was discharged under honorable conditions on 12 November 2009.

7.  His DD Form 214 issued for this period shows in:

	a.  item 11 (Primary Specialty) he was awarded skill qualification identifier "P" (Parachutist).

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Driver and Mechanic Badge with Mechanic Bar.

	c.  item 14 (Military Education) no entry indicating he completed airborne training or the Jumpmaster Course.

8.  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.

9.  Army Regulation 600-8-22 states award of the Senior Parachutist Badge requires a rating of "Excellent" in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as a jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

10.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, or Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records show he was issued permanent orders in September 2008 awarding him the basic Parachutist Badge for successful completion of airborne training.  Therefore, it would be appropriate to amend item 13 of his DD Form 214 to show award of the Parachutist Badge.  In addition, it would be appropriate to amend item 14 of his DD Form 214 to show he completed airborne training.

2.  His service records are void of evidence and he did not provide any evidence showing he was awarded the Senior Parachutist Badge or the Expert Marksmanship Qualification Badge.  Therefore, there is insufficient evidence to correct his DD Form 214 to show these badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  adding award of the Basic Parachutist Badge to item 13; and

	b.  adding the entry "Airborne Course, 3 Weeks, 2008" to item 14.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show award of the Senior Parachutist Badge and Expert Marksmanship Qualification Badge.



      ____________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)                                         AR20130001934



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ABCMR Record of Proceedings (cont)                                         AR20130001934



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