IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003574
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 Parachutist Badge.
2. The applicant states he completed the Airborne Course at Fort Benning, GA, on 6 April 2007 and he was awarded the Parachutist Badge. This award is not shown on his DD Form 214.
3. The applicant provides copies of his Airborne Course Diploma and 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 enlisted in the Regular Army on 3 October 2006. He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
3. Permanent Orders 88-3079 were issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 29 March 2007, awarding him the Parachutist Badge upon completion of airborne training on 6 April 2007. He provides a copy of the resulting diploma.
4. Section VIII (Awards and Decorations) of his Enlisted Record Brief lists the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.
5. He was honorably discharged on 29 February 2008 for a condition, not a disability. He completed 1 year, 4 months, and 28 days of net active service with no lost time. His DD Form 214 shows he was awarded or authorized the Global War on Terrorism Service Medal and Army Service Ribbon.
6. Army Regulation 600-8-22 (Military Award) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant completed airborne training and was awarded the Parachutist Badge. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record also shows he completed a qualifying period of service for the National Defense Service Medal. This award is not shown on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 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 adding award of the Parachutist Badge and National Defense Service Medal to the applicant's 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) AR20130003574
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ABCMR Record of Proceedings (cont) AR20130003574
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