Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140005629
Original file (20140005629.txt) Auto-classification: Denied

		
		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005629 


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, in effect, the Parachutist Badge and the Pathfinder school be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 August 1970.

2.  The applicant states he went to Pathfinder Class 11-81 at Fort Benning, GA.

3.  The applicant provides:

* Headquarters (HQ), Fort Devens, MA Permanent Orders 102-1, dated 
21 July 1978
* HQ, U.S. Army Infantry Center Orders 258-194, dated 15 September 1981

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.  On 22 January 1968, he enlisted in the Regular Army for 3 years.  On 
25 August 1970, he was released from active duty.

3.  On 5 April 1978, he enlisted in the U.S. Army Reserve (USAR).  He immediately reenlisted in the USAR on 19 March 1981.

4.  HQ, Fort Devens Permanent Orders 102-1, dated 21 July 1978, provided by the applicant, awarded him the Parachutist Badge.

5.  HQ, U.S. Army Infantry Center, Fort Benning Orders 258-194, dated 
15 September 1981, provided by the applicant, authorized hazardous duty pay for parachute duty from 31 August to 15 September 1981.

6.  A memorandum, dated 15 September 1981, from HQ, U.S. Army Infantry Center released the applicant from Pathfinder Class #11-81 due to academics.

7.  On 18 March 1984, he was discharged from the Ready Reserve.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. 

	b.  All decorations, service medals, campaign credit, and badges awarded or authorized will be entered in on the DD Form 214.

	c.  Item 25 (Education and Training) - 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 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  Orders provided by the applicant show he was awarded the Parachutist Badge on 21 July 1978, almost 8 years after he was released from active duty.  Therefore, this award should not be added to his DD Form 214 with an effective date of 25 August 1970.

2.  He attended the Pathfinder school 11 years after he was separated from active duty.  A memorandum from HQ, U.S. Army Infantry Center at Fort Benning indicates he did not complete the course.  However, even if he had completed the course, it would not be entered on his DD Form 214 with an effective date of 25 August 1970.

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)                                         AR20140005629



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005629



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060011984

    Original file (20060011984.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2007 DOCKET NUMBER: AR20060011984 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides his DD Form 214 in support of his application.

  • ARMY | BCMR | CY2014 | 20140002590

    Original file (20140002590.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show awards of the Combat Infantryman Badge (CIB), Parachutist Badge, Glider Badge, and Pathfinder Badge. The applicant's complete military records are not available for review. The applicant has provided a certificate showing he completed the prescribed training and those badges should be added to his DD Form 214 at this time.

  • ARMY | BCMR | CY2008 | 20080006120

    Original file (20080006120.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 be corrected to reflect his assignment to a Pathfinder Unit in Vietnam, his pathfinder training, his award of the Pathfinder Badge, and that he be awarded the Purple Heart, the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), and the Republic of Vietnam Cross of Gallantry. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Pathfinder...

  • ARMY | BCMR | CY2014 | 20140019729

    Original file (20140019729.txt) Auto-classification: Approved

    c. Item 14 (Military Education), add the following courses: * Noncommissioned Officer's (NCO) Candidate Course * Airborne Course * Ranger Course * Republic of Vietnam (RVN) POR training course 2. This conclusion is based on the following: * after completing AIT, his DA Form 20 shows him as an NCO candidate, after which he is listed as participating in Airborne and Ranger training * there is an entry showing the successful completion of the Infantry Leadership Course * there is no entry...

  • ARMY | BCMR | CY2002 | 2002071603C070402

    Original file (2002071603C070402.rtf) Auto-classification: Approved

    The applicant states that he attended Pathfinder Class 1-78, that an earlier DD Form 214 included his CIB, and that other members of his company received the Air Medal but he did not. There is no evidence of record, no USARV Form 131 on the applicant is available, and he has submitted no evidence to show he was eligible for award of the Air Medal. The applicant’s DA Form 2-1 shows he completed HALO training; however, his DA Form 1307 is not available and he has not submitted a course...

  • ARMY | BCMR | CY2008 | 20080013917

    Original file (20080013917.txt) Auto-classification: Approved

    However, the evidence of record shows he was inducted into the Army of the United States (AUS) on 14 March 1968 for 2 years. The applicant’s service records contain a HQ, United States Army Vietnam letter, dated 26 August 1969 stating that the Government of the Republic of Vietnam awarded him the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2005 | 20050004772C070206

    Original file (20050004772C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214, issued at the time of his retirement, shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the Bronze Star Medal with Oak Leaf Cluster, Air Medal, Army Commendation Medal with Second Oak Leaf Cluster, Good Conduct Medal (Sixth Award), National Defense Service Medal with Oak Leaf Cluster, Armed Forces Expeditionary Medal, Vietnam Service Medal with 1 silver service star and 2...

  • ARMY | BCMR | CY2004 | 20040001945C070208

    Original file (20040001945C070208.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his separation document (DD Form 214) by including all awards to which he is entitled and by documenting his overseas service in Vietnam, Korea and Okinawa. The separation documents regulation in effect at the time specified that the Item 24 entry would include all awards awarded or authorized as taken from the Enlisted Qualification Record (DA Form 20). Item 24 of the applicant’s DD Form 214, as amended in the two DD Forms 215 he was...

  • ARMY | BCMR | CY2012 | 20120019471

    Original file (20120019471.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending 15 November 1977, as follows: a. amend item 6a (Grade, Rate or Rank) and item 6b (Pay Grade) to show he was discharged in the rank/grade of first sergeant (1SG)/E-8; b. amend item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the: * Silver Star (2nd Award) * Bronze Star Medal (2nd Award with "V" Device) * Expert...

  • ARMY | BCMR | CY2012 | 20120002566

    Original file (20120002566.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Joint Service Commendation Medal * Army Good Conduct Medal * all other awards he is entitled to receive based on his service in Iraq * Pathfinder School (Course) 2. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. ...