IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130015679
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 completion of jump school [the Basic Airborne Course] and award of the Parachutist Badge.
2. The applicant states he completed the Basic Airborne Course at Fort Benning, GA, and was on airborne status throughout his military service. However, his attendance at jump school and his airborne status was omitted from his DD Form 214.
3. The applicant provides:
* self-authored statement, dated 8 August 2013
* two photographs
* DD Form 214
* Disabled American Veterans Contact Brief, dated 24 September 2012
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 24 September 2012
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 30 July 1963 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank he attained was private first class.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* he was assigned to the 43d Company, 4th Student Battalion, Fort Gordon, GA, from 1 December 1963 to 31 December 1964
* he completed the 3-week Basic Airborne Course on 20 December 1963
* he was assigned to the Dominican Republic from April 1965 to April 1966 and served with Headquarters and Headquarters Company, 2d Battalion, 508th Infantry Regiment (Airborne), from 3 May 1965 to 31 March 1966
* he was awarded the Parachutist Badge
* he was awarded Armed Forces Expeditionary Medal for service in the Dominican Republic
4. Headquarters U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 296, dated 18 December 1963, show he attended the Basic Airborne Course from 2 December 1963 to 20 December 1963 and awarded him the airborne MOS special qualification identifier "7" (later changed to "P"). These orders also awarded him the Parachutist Badge.
5. He was honorably discharged on 26 September 1966. His DD Form 214 shows in:
a. item 25a (Specialty Number and Title) that his MOS listed as 11B1P.
b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Combat Infantryman Badge, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.
c. item 28 (Service Schools or College, College Training Courses and/or Post-Graduate Courses Successfully Completed) the entries "NA" indicating not applicable.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter service schools, including dates, and major courses which were successfully completed in item 28. This entry also included military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 and special orders show he completed the Basic Airborne Course at Fort Benning, GA, on 20 December 1963 and he was awarded the Parachutist Badge. Therefore, he is entitled to correction of his DD Form 214 to add this course and this badge.
2. His DA Form 20 shows he was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic. Therefore, he is entitled to correction of his DD Form 214 to add this award.
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 is 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 Armed Forces Expeditionary Medal (Dominican Republic) and Parachutist Badge to item 26 of his DD Form 214.
b. adding the Basic Airborne Course from 2 December 1963 to 20 December 1963 to item 28 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) AR20130015679
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ABCMR Record of Proceedings (cont) AR20130015679
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