IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011560
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 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge.
2. The applicant states he successfully completed the U.S. Army Infantry School (USAIS) Airborne Course.
3. The applicant provides:
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* DD Form 214
* USAIS Airborne Course Diploma
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 27 August 1986.
3. His DA Form 2-1 (Personnel Qualification Record Part II) contains the following information:
a. Item 9 (Awards, Decorations, and Campaigns) shows award of the Parachutist Badge.
b. Item 17 (Civilian Education and Military Schools) shows he completed the 3-week Basic Airborne Course at the USAIS in 1987.
4. On 25 August 1989, he was honorably released from active duty. His DD Form 214 does not reflect award of the Parachutist Badge. Item 14 (Military Education) does not reflect completion of airborne training.
5. The applicant provided a copy of his USAIS Airborne Course Diploma that shows he successfully completed the Airborne Course on 20 March 1987.
6. 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 20 March 1987; however, his DD Form 214 failed to document an entry for award of the Parachutist Badge or completion of the Basic Airborne Course in 1987.
2. Therefore, it would be appropriate to amend his DD Form 214 to show award of the Parachutist Badge. As a related issue, item 14 should be amended to show the entry "BASIC AIRBORNE COURSE, 3 WEEKS, 1987."
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 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. adding award of the Parachutist Badge to his DD Form 214 and
b. adding the entry "BASIC AIRBORNE COURSE, 3 WEEKS, 1987" to item 14 of his DD Form 214.
_______ _ 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) AR20130011560
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