IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004388
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 his award of the Parachutist Badge.
2. The applicant states this award was overlooked.
3. The applicant provides copies of the following:
* Airborne Course diploma
* MC1-1B Training completion certificate
* part of a jump log with the 82nd Airborne
* DD Form 214
* newspaper article
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 1 March 1984.
3. He provided copies of the following:
* Airborne Course diploma, dated 21 June 1984, issued for his successful completion of the course
* Part of his jump record with the 82nd Airborne Division for the period June 1984 to September 1985; the form does not indicate he was qualified as a parachutist, senior parachutist, or master parachutist
* MC1-1C Training completion certificate
* newspaper article pertaining to his assignment and service with the 82nd Airborne Division, Fort Bragg, NC, in the Sinai
4. His records contain the following:
a. Permanent Orders Number 116-4, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 15 June 1984, awarding him the Parachutist Badge for successful completion of Airborne training on 22 June 1984.
b. Orders Number 202-26, issued by Headquarters, 82nd Airborne Division, on 23 October 1985, terminating his parachute duty and revoking his award of the Parachutist Badge effective 25 October 1985. The orders stated he was a deliberate terminee, he was no longer authorized to wear the Parachutist Badge, and directed his award of military occupational specialty 11B (infantryman).
5. He was released from active duty on 5 March 1986 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years and 5 days of net active service. His DD Form 214 lists the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle (M-16), Grenade, Grenade Launcher, and Dragon Gunner Bars.
6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) lists the same awards as shown on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
Orders were issued on 23 October 1985 terminating the applicant's previous award of the Parachutist Badge as a deliberate terminee with an effective date of 25 October 1985. Therefore, he is not entitled to this award and its addition to his DD Form 214.
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) AR20140004388
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ABCMR Record of Proceedings (cont) AR20140004388
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