IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003699 


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 that his DA Form 20 (Enlisted Qualification Record) be corrected in item 38 (Record of Assignments) to accurately reflect his units of assignment and correction of his service records to show award of the German Armed Forces Parachutist Badge.

2.  The applicant states item 38 of his DA Form 20 needs to reflect he was assigned to the 1st Battalion, 502nd Infantry and reassigned to the 8th Infantry Division Airborne School cadre.  The applicant states his DA Form 
20 erroneously shows he was assigned to the 5th Battery, 81st Artillery upon his arrival in the Federal Republic of Germany (FRG).  The applicant further states his achievement of being awarded and authorized to wear the German Armed Forces Parachutist Badge is also missing from his service records.

3.  The applicant provides:

* Special Orders Number 127, dated 7 May 1968
* Special Orders Number 323, dated 18 November 1968
* page three of his DA Form 20

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 29 March 1968 and he successfully completed training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  The applicant arrived in the FRG on 7 October 1968.

4.  The 8th Infantry Division published the following: 

* Special Orders Number 284, dated 10 October 1968, show the applicant was assigned to Headquarters and Headquarters Battery (HHB), 5th Battalion, 81st Artillery effective 10 October 1968
* Special Orders Number 323, dated 18 November 1968, show the applicant was promoted to the rank of private first class (PFC).  His unit of assignment was shown as Headquarters and Service Battery (HSB), 5th Battalion, 81st Artillery
* Special Orders Number 114, dated 24 April 1969, show the applicant was promoted to the rank of specialist four (SP4).  His unit of assignment was shown as HSB, 5th Battalion, 81st Artillery

5.  A DA Form 2496-2 (Disposition Form), dated 30 July 1969, subject: Notification of Duty Assignment, shows the commander of HSB, 5th Battalion, 81st Artillery reported placing the applicant in a paragraph and line number for a radio telecommunications operator position in MOS 13A1P.

6.  The 8th Infantry Division published the following:

* Special Orders Number 252, dated 9 September 1970, show the applicant was attached to Wiesbaden Air Base, 8th Infantry Division Airborne School, effective 3 September 1969
* Special Orders Number 281, line 65, dated 8 October 1970, rescinding Special Orders Number 252, dated 9 September 1970
* Special Orders Number 281, line 84, dated 8 October 1970, show the applicant was relieved from HHB (sic), 5th Battalion, 81st Artillery and reassigned to HHC, 1st Brigade, 8th Infantry Division, effective 15 October 1970

7.  On 19 March 1971, the applicant departed the FRG.  He was honorably released from active duty on 25 March 1971.

8.  Item 38 of the applicant's DA Form 20 shows on 15 October 1970, he was reassigned to HHC, 1st Brigade, 8th Infantry Division.  Item 41 (Awards and Decorations) does not show award of the German Armed Forces Parachutist Badge.

9.  Item 12 (Last Duty Assignment and Major Command) of the applicant's 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry "HHC 1st Bde 8th Inf Div."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) does not show award of the German Armed Forces Parachutist Badge.

10.  At the time, Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  It stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.  It stated for item 38 when an individual is assigned to a unit but is performing duty elsewhere, the entry would include the assigned unit and place of duty.

11.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, that commanders (overseas and Continental United States ) serving in the rank or brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  The German Armed Forces Parachutist Badge is listed in appendix D (Foreign Badges) of this regulation.

DISCUSSION AND CONCLUSIONS:

1.  During the period in question, an applicant's assignments were entered in item 38 of DA Form 20.  After a Soldier is discharged, this form is not normally 
accessible by individuals other than the Soldier and making corrections to these 
forms generally provides no benefit.  Although it appears an error of omission was made on his DA Form 20, there is no evidence showing the error has done him harm.  In the absence of evidence showing a mistake or omission on his DA Form 20 has resulted in inequity or injustice, there is no basis for granting this portion of his request.

2.  The applicant's service records contain 8th Infantry Division orders assigning him to the 5th Battalion, 81st Artillery.  He was attached to the 8th Infantry Division Airborne School in Wiesbaden, FRG, and later reassigned to the 1st Brigade, 8th Infantry Division during his service in the FRG.

3.  Evidence of record shows that the applicant served in Germany.  However, he has not provided evidence that shows he was awarded the German Armed Forces Parachutist Badge.  In addition, in accordance with Army Regulation 
600-8-22, commanders of major oversea commands were delegated authority to approve the acceptance, retention, and permanent wear of such badges.  There is no evidence of record that shows that the overseas major command approved the permanent wear of the badge.  Therefore, there is an insufficient basis for adding the German Armed Forces Parachutist Badge to the applicant's service records in this case.

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)                                         AR20130003699





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ABCMR Record of Proceedings (cont)                                         AR20130003699



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