IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130005009 


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 the Armed Forces of the United States) to show award of the Parachutist Badge.

2.  The applicant states he graduated from "Jump School" (airborne training) at Fort Benning, Georgia, in 1951 and he received the Parachutist Badge; however, his separation document does not show the badge.

3.  The applicant provides a copy of his DD Form 214, Certification of Military Service, and Airborne Classbook.

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's complete military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 and Certification of Military Service show he enlisted in the Regular Army on 27 March 1951 and he was honorably discharged on 26 March 1954.  He completed 3 years of net active service that included 1 year and 11 days of foreign service.  It also shows in:

	a.  item 5 (Qualifications), he was awarded military occupational specialty 4345 (Light Vehicle Truck Driver);

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:

* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* Combat Infantryman Badge
* National Defense Service Medal

	c.  item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) and item 31 (Service Training Courses Successfully Completed), the entries "NA" (i.e., not applicable).

4.  On 23 December 2005 in response to the applicant's inquiry to the National Personnel Records Center pertaining to the Parachutist Badge, he was notified that a search of the relevant morning reports failed to show any evidence that he was awarded the Parachutist Badge.

5.  A review of the applicant's available military service records failed to reveal any evidence that he completed airborne training or that he was awarded the Parachutist Badge.

6.  In support of his request, the applicant provides a copy of Fort Benning, Georgia, Company D, Airborne Class 16 (Graduation Date 9 November 1951), Airborne Classbook.  The book provides a summary of airborne history and the Airborne Course.  The applicant's name is listed on the Company D Roster as an enlisted student.  However, it does not contain a list of graduates or Parachutist Badge recipients.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Parachutist Badge because he graduated from airborne training at Fort Benning, Georgia, on 9 November 1951 and he received the Parachutist Badge.

2.  The governing Army regulation is clear that award of the Parachutist Badge is based upon successful completion of airborne training or participation in at least one combat parachute jump.

3.  The sincerity of the applicant's contention is not in question.  However, his Airborne Classbook alone offers insufficient evidence to support his claim.

4.  The applicant's DD Form 214 does not show he completed airborne training.  There is also no evidence that he participated in a combat parachute jump.  Moreover, there is no evidence that he was awarded the Parachutist Badge.  Based on the available evidence, there is an insufficient evidentiary basis to grant the applicant's requested relief at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130005009



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005009



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1