BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130006803
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge he earned on 31 January 1986.
2. He states he has no idea why it was not included in item 13 of his DD Form 214.
3. He provides a diploma from the U.S. Army Infantry School, dated 31 January 1986.
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 9 November 1983.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) does not indicate he completed basic airborne training in block 17 (Civilian Education and Military Schools) and it does not list award of the Parachutist Badge in block 9 (Awards, Decorations and Campaigns).
4. He provided a diploma from the U.S. Army Infantry School, Fort Benning, GA, which shows he successfully completed the Airborne Course on 31 January 1986.
5. His service record doesn't include orders which show he was awarded the Parachutist Badge.
6. He was released from active duty on 8 November 1986. Item 14 (Military Education) of his DD Form 214 does not reflect he completed basic airborne training.
7. On 14 January 2014, the case analyst contacted a staff member at the U.S. Army Infantry School, Fort Benning, GA, and was informed the applicant completed the airborne course, class 13-86 from 10 to 31 January 1986.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version of this regulation in effect at the time, directed that item 14 would list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's diploma shows he completed the Airborne Course on 31 January 1986.
2. However, his DD Form 214 failed to reveal an entry for award of the Parachutist Badge or that he completed the Airborne Course in 1986.
3. Therefore, it would be appropriate to amend item 13 of his DD Form 214 to show award of the Parachutist Badge. Additionally, item 14 should be amended to show the entry "Basic Airborne School, 3 Weeks, 1986."
BOARD VOTE:
___X___ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. amending item 13 of his DD Form 214 by adding award of the Parachutist Badge and
b. amending item 14 of his DD Form 214 by adding the entry "Basic Airborne School, 3 Weeks, 1986."
__________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) AR20130006803
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ABCMR Record of Proceedings (cont) AR20130006803
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