IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130017040 


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 Jump Master Course, Morse Code Course, Senior Jump Wings (correctly known as the Senior Parachutist Badge), German Armed Forces Parachutist Badge, and to show he qualified with the AR-15 rifle and with .45 caliber pistol.  

2.  The applicant states it is a matter of justice that his records be corrected to show all of his schools, awards, and weapons qualifications.  

3.  The applicant provides a DD Form 214, DD Form 215 (Correction to DD Form 214), and an Individual Jump 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 14 February 1966 and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) upon completion of initial entry training.  He was subsequently awarded MOS 11B2P (Light Weapons Infantryman/Parachutist).  

3.  Special Orders Number 113, dated 2 June 1966, issued by Headquarters, 2nd Brigade, Fort Ord, CA, show the applicant as "unqualified" with the .45 caliber pistol.  

4.  Item 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) does not show he completed the Jump Master Course or the Morse Code Course.  Item 29 (Qualification in Arms) does not show he qualified with the AR-15 rifle.  Item 41 (Awards and Decorations) does not show he was awarded the Senior Parachutist Badge or the German Armed Forces Parachutist Badge.  

5.  He was honorably released from active duty on 20 January 1969.  His DD Form 214, as corrected by a DD Form 215, dated 13 October 1969, does not show the Jump Master Course, Morse Code Course, Senior Parachutist Badge, German Armed Forces Parachutist Badge, or that earned qualification badges with the AR-15 rifle and/or with the .45 caliber pistol.  

6.  There is no evidence in the applicant's available records showing he completed the Jump Master Course, the Morse Code Course, or that he was awarded the Senior Parachutist Badge and/or the German Armed Forces Parachutist Badge.  There is also no evidence indicating he qualified with the AR-15 rifle.  

7.  He provides an Individual Jump Record covering the period 25 July 1966 to 16 January 1969.  However, the name of the individual to whom this jump record pertains is not specified.  

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

	a.  Award of the Senior Parachutist Badge requires a rating of "excellent" in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

	b.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation [the German Armed Forces Parachutist Badge is included in appendix D].  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  

	c.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

9.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for preparation of the DD Form 214 and stated that for item 25 (Education and Training Completed) enter service schools, including major courses which were successfully completed and 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 contention that his DD Form 214 should be corrected to show the Jump Master Course, Morse Code Course, Senior Parachutist Badge, German Armed Forces Parachutist Badge, and to show he qualified with the AR-15 rifle and with .45 caliber pistol has been carefully considered.  

2.  There is no evidence in the applicant's available records showing he completed the Jump Master Course or the Morse Code Course.  Therefore, there is no basis to correct his DD Form 214 to reflect these courses.  

3.  There is no evidence indicating he was awarded the Senior Parachutist Badge or the German Armed Forces Parachutist Badge.  In the absence evidence such as orders or memoranda indicating he was awarded these badges, the Individual Jump Record provided is insufficient evidence on which to base correcting his DD Form 214 by adding these badges.  

4.  Special orders show he failed to qualify with .45 caliber pistol.  Additionally, there is no evidence indicating he qualified with AR-15 rifle.  Therefore, there is no basis to correct his DD form 214 to show these weapons qualification badges.

5.  In view of the foregoing, the applicant's request should be denied.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20130017040



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ABCMR Record of Proceedings (cont)                                         AR20130017040



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