IN THE CASE OF:	

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130012772 


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 he attended Airborne training.  

2.  The applicant states his DD Form 214 does not reflect that he was an Airborne Soldier.  Since he went through the training, he believes his DD Form 214 should show the training.

3.  The applicant provides his DD Form 214, a letter, a Western Union Telegram, Fort Campbell (FC) Form Letter (FL) 238 (Physical Condition), and Standard Form 601 (Immunization Record).

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 18 August 1955 and he held military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  On 4 November 1955, he was assigned to the 187th Airborne Regimental Combat Team, Fort Bragg, NC.

3.  His available records include a DA Form 1307 (Individual Jump Record) wherein it shows he completed six parachute jumps from 7 to 9 February 1956 while attending "Jump School" at Fort Bragg.

4.  On 22 February 1956, he relocated to Fort Campbell, KY, with his unit.  In December 1956, he was injured in a car accident and fractured both of his legs.  He was a passenger in a privately owned vehicle and the accident was determined to be in the line of duty.

5.  He subsequently received a permanent profile with assignment limitations and was reclassified into MOS 530.00 (Chemical Warfare Helper).  From February 1957 to April 1958; he was assigned to the Medical Holding Detachment, Fort Campbell.  On 2 May 1958, he was assigned to the 74th Chemical Company, Fort McClellan, AL.  

6.  He was honorably released from active duty on 22 August 1958 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with 5 days of lost time.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Item 29 (Other Service Training Courses Successfully Completed) (School or Course) of his DD Form 214 contains the entry "None." 

9.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

10.  Section 6 (Time Lost) of his DA Form 24 shows he was absent without leave (AWOL) for 4 days from 29 October to 1 November 1956 and 1 day from 9 to 9 February 1958.  

11.  Other than the 5 days of AWOL recorded on his DA Form 24, his records are void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
12.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded the Parachutist Badge by Special Order (SO) Number 37 issued by Headquarters, 82nd Airborne Division, and it was presented to him at Fort Bragg on 14 February 1956.  These orders are not available for review with this case.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214.  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.  In the version in effect at the time, it stated in item 29 list qualification courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although the specific dates of the applicant's attendance at the Airborne Course are not known, the available evidence confirms he attended and successfully completed the Airborne Course, Fort Bragg, as evidenced by his award of the Parachutist Badge on 14 February 1956.  Therefore, he is entitled to correction of his DD Form 214 to show the Airborne Course and the badge.

2.  He served honorably during the period 18 August 1955 through 22 August 1958.  He received all “excellent” conduct and efficiency ratings throughout his military service and, except for 5 days of lost time, his records are void of any other derogatory information or a commander's disqualification that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 August 1955 through 22 August 1958
* adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Parachutist Badge
* deleting from item 29 of his DD Form 214 the entry "None" and replacing it with the entry "Airborne Course - February 1956"



      _______ _ 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)                                         AR20130012772





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ABCMR Record of Proceedings (cont)                                         AR20130012772



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