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
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ABCMR Record of Proceedings (cont) AR20140005629
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