IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004211
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 (Report of Separation from Active Duty) to show award of the Army of Occupation Medal and Airborne Qualification Badge (properly known as the Parachutist Badge).
2. The applicant states:
* he completed airborne training in 1946
* he served in Germany from 1948 to 1952
3. The applicant 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. His DD Form 214 for the period ending 29 February 1976 shows he was awarded the Army of Occupational Medal (Germany). Therefore, no correction of his DD Form 214 is required to add this award. As a result, this issue will not be discussed further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 13 May 1946 and served until 10 April 1961 when he was discharged to accept an appointment as a warrant officer on 11 April 1961.
4. Item 22 (Service Schools, Army, or Service) of his WD AGO Form 20 (Soldier's Qualification Card) shows he completed the 6-week Basic Airborne Course on 14 October 1946.
5. Item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 23d Transportation Battalion, 1st Cavalry Division, Korea, from 25 September 1961 to 1 November 1962.
6. The applicant's DD Form 214 shows he was honorably retired on 29 February 1976 after completing 29 years, 8 months, and 4 days of total active military service. It does not show award of the Parachutist Badge.
7. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of the Parachutist Badge. 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 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed the 6-week Airborne Course on 14 October 1946. Therefore, his DD Form 214 should be corrected to show award of the Parachutist Badge.
2. The evidence of record shows the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected 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 the Korea Defense Service Medal and Parachutist Badge to his DD Form 214 for the period ending 29 February 1976.
_______ _ 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) AR20130004211
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ABCMR Record of Proceedings (cont) AR20130004211
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