BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140005903
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 and the Jump School (properly known as the Basic Airborne Course).
2. The applicant states this award is not listed on his DD Form 214 and he attended the school at Fort Benning, GA. He recently discovered the error.
3. The applicant provides copies of the following:
* Permanent Orders (PO) Numbers 035-392 and 042-402
* 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 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 24 August 1999. He was awarded military occupational specialty 74B (software analyst).
3. He provided copies of the following PO, issued by Headquarters, U.S. Army States Army Infantry Center, Fort Benning, GA, awarding him the Parachutist Badge for successfully completion of Airborne Training:
* PO Number 035-392, dated 4 February 2001, for service on 16 February 2001
* PO Number 042-402, dated 11 February 2001, for service on 23 February 2001
4. He was released from active duty on 26 June 2001, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 1 year, 10 months, and 3 days of net active service. His DD Form 214 lists in:
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Item 14 (Military Education) - Software Analyst Course, 17 weeks, 2000
5. 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.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, and release from active duty. It established standardized policy for preparing and distributing the DD Form 214. The regulation stated:
* Item 13 would include all awards and decorations for all periods of service
* Item 14 would include formal in-service (full-time attendance) training course successfully completed during the period of service covered by the DD Form 214 and include title, lengths in weeks, and year completed; training courses for combat skills would not be listed
DISCUSSION AND CONCLUSIONS:
The applicant completed the Basic Airborne Course in February 2001 and was awarded the Parachutist Badge. Therefore, he is entitled to correction of his DD Form 214 to show this award and completion of the Basic Airborne Course.
BOARD VOTE:
___X_____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* adding to item 13 of his DD Form 214 the Parachutist Badge
* adding to item 14 of this DD Form 214 the entry, "Basic Airborne Course, 3 weeks, 2001"
_______ _ 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) AR20140005903
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ABCMR Record of Proceedings (cont) AR20140005903
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