IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004055
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 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Parachutist Badge.
2. The applicant states he completed the Basic Airborne Course; however, the Parachutist Badge was never awarded to him.
3. The applicant provides a copy of 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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant's DD Form 214 is sufficient for the Board to conduct a fair and impartial review of this specific request. It shows:
a. On 29 April 1954, he was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 950.00 (Military Police).
b. His most significant duty assignment was with the Military Police Company, Fort Jackson, SC.
c. He successfully completed the 3-week Basic Airborne Course in 1954.
d. He attained the rank of private first class on 27 April 1955.
e. His awards consisted of the National Defense Service Medal and the Army Good Conduct Medal.
f. He was released from active duty on 27 April 1956 and transferred to the U.S. Army Reserve, Military Police Corps.
4. 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 the Infantry School or have participated in at least one combat parachute jump.
5. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that any Parachutist Badge could be revoked as a result of conviction by court-martial for refusal to participate in a parachute jump; or initiated, in his initial tour of airborne duty, action which resulted in termination of his airborne status prior to completion of 18 consecutive months of airborne duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded the Parachutist Badge based on his completion of the 3-week Basic Airborne Course in 1954.
2. The available evidence shows he completed the requisite course of instruction for award of the Parachutist Badge. Unfortunately, there is no available documentary evidence that shows he retained jump status or was removed from the program either voluntarily or involuntarily. Consequently, the lack of documents makes it impossible at this late date to determine what his jump status was at the time of his release from active duty.
3. In view of the foregoing, his 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) AR20140004055
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