Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007107
Original file (20130007107.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130007107 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Senior Parachutist Badge. 

2.  The applicant states, in effect, the Senior Parachutist Badge was omitted from his DD Form 214 in error.  He contends that he completed the initial requirements for award of the basic Parachutist Badge and eventually accumulated 52 jumps as a paratrooper which exceeds the 35 jumps required for award of the Senior Parachutist Badge. 

3.  The applicant provides his 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's complete military 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 his records were lost or destroyed in that fire.  However, there is sufficient information available to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows that:

* he enlisted in the Regular Army on 12 August 1953
* held MOS 464.17 (Parachute Rigger)
* his last duty assignment was with the 549th Airborne Quartermaster Company (Aerial Supply), Japan

4.  On 30 August 1957, the applicant was honorably released from active duty and transferred to a U.S. Army Reserve unit.

5.  In January 1951, the Quartermaster School approved an aerial delivery training program for Quartermaster Soldiers, with courses in parachute packing, maintenance, and aerial delivery.  The first class opened on 21 May 1951 at Fort Lee, Virginia that consisted of 12 weeks of instruction for both officers and enlisted men.  All students were required to be airborne qualified and in good physical shape.

6.  Army Regulation 615-25-15 (Enlisted Personnel - Military Occupational Specialties), in effect at the time, prescribed the qualifications for award of MOS 464.17 – Parachute Rigger.  It provided that individuals must be qualified as a parachutist in order to hold the MOS.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The Senior Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 30 jumps (15 with combat equipment, two night jumps with one as jumpmaster, and two mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

	c.  The Parachute Rigger Badge may be awarded retroactively to any individual who graduated from the Parachute Rigger school after May 1951 and holds or at anytime held an awarded MOS of Parachute Rigger.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Senior Parachutist Badge.  Unfortunately, without evidence to verify his character and efficiency ratings or the number and type of jumps he completed it is impossible to determine if he meets the criteria for award of the Senior Parachutist Badge.  As such, he is not entitled to the requested relief.

2.  The available records show that his MOS was that of a parachute rigger.  It would be appropriate to add the Parachute Rigger Badge to his DD Form 214.

3.  The evidence of record shows that he held an MOS that required him to be airborne qualified and that his last unit of assignment was with an Aerial Supply, Airborne Quartermaster Company.  This is sufficient evidence to award the basic Parachutist Badge.  It must be presumed that an administrative error occurred which caused the Parachutist Badge to be omitted from his DD Form 214; therefore, it would be appropriate to add this badge to his DD Form 214.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Parachute Rigger Badge and the basic Parachutist Badge to his 
DD Form 214.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Senior Parachutist Badge.




      ____________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)                                         AR20130007107





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007107



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070007906

    Original file (20070007906.TXT) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Evidence of record shows that the applicant successfully completed the Parachute Rigger course conducted by the U.S. Army Quartermaster School and held an awarded MOS of 43E. Therefore, he is entitled to award of the Parachute Rigger Badge and correction of...

  • ARMY | BCMR | CY2011 | 20110001776

    Original file (20110001776.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Expert Infantryman Badge (EIB), Special Forces Tab, Expert Field Medical Badge, and Senior Parachutist Badge and his military education. While the applicant completed the Special Forces clinical aidman course on 4 September 1953, there is no evidence he was Special Forces qualified. ___________X___________ CHAIRPERSON I certify that herein is recorded the true...

  • ARMY | BCMR | CY2005 | 20050000206C070206

    Original file (20050000206C070206.doc) Auto-classification: Approved

    There are no orders in the applicant's personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by amending his DD Form 214 to show award of the Master Parachutist Badge; and b....

  • ARMY | BCMR | CY2002 | 2002066887C070402

    Original file (2002066887C070402.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s DD Forms 214 do not show the Parachute Rigger Badge as an authorized award. Award of the Parachute Rigger Badge requires that an individual must have successfully completed the Parachute Rigger course conducted by the U.S. Army Quartermaster School and holds an awarded MOS of 43E (enlisted) or...

  • ARMY | BCMR | CY2009 | 20090013222

    Original file (20090013222.txt) Auto-classification: Denied

    The applicant requests his Senior Parachutist Badge be upgraded to the Master Parachutist Badge. The evidence of record confirms the applicant qualified for and was awarded the Parachutist Badge. His record is void of orders or other documents indicating he met the requirements and qualified for, or was awarded the Senior or Master Parachutist Badges by proper authority while serving on active duty.

  • ARMY | BCMR | CY2012 | 20120002943

    Original file (20120002943.txt) Auto-classification: Approved

    The applicant met and exceeded the criteria for award of the Senior Parachutist Badge by participating in 40 jumps, of which there were 30 combat equipment jumps, 21 night jumps, 12 mass tactical jumps, 3 noncombat jumps serving as a jumpmaster, and successful completion of the Jumpmaster course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Senior Parachutist Badge, effective 10 September 1992...

  • ARMY | BCMR | CY2008 | 20080014402

    Original file (20080014402.txt) Auto-classification: Denied

    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. He then completed airborne training and was awarded the basic Parachutist Badge. However, the evidence of record does not show, and the applicant failed to provide evidence which shows that he met all of the prerequisites outlined in Army...

  • ARMY | BCMR | CY2013 | 20130021895

    Original file (20130021895.txt) Auto-classification: Denied

    He states: * his last military occupational specialty (MOS) was 11F4H (Infantry Operations and Intelligence Specialist) in Vietnam in 1970 * his DA Form 20 (Enlisted Qualification Badge) shows he completed the requirement for award of the Parachute Rigger Badge * these awards, to include the ARCOM for 20 years and 1 month of honorable service, were never added to his DD Form 214 3. His service record does not contain orders which show he was awarded the CIB, Parachute Rigger Badge or ARCOM....

  • ARMY | BCMR | CY2014 | 20140010185

    Original file (20140010185.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Basic Airborne Course and award of the Parachutist Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 11 the entry "43E19 Parachute Rigger, 7 years, 1 month" and adding...

  • ARMY | BCMR | CY2013 | 20130004348

    Original file (20130004348.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Senior Parachutist Badge. His DA Form 66 does not show award the Senior Parachutist Badge. Army Regulation 600-8-22 (Military Awards) states 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...