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ARMY | BCMR | CY2014 | 20140006159
Original file (20140006159.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  18 November 2014	  

		DOCKET NUMBER:  AR20140006159 


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 military record to reflect award of the Master Parachutist Badge.

2.  The applicant states he:

* served on jump status with an airborne unit or organization authorized parachutists for 36 months
* graduated from Airborne School in April 1984
* is updating his records to pass on to his grandson

3.  The applicant provides:

* U.S. Army Infantry School Airborne Course diploma, dated 26 April 1984 
* U.S. Army Infantry School Ranger Course diploma, dated 1 August 1985
* Ranger Class 10-85 photograph, dated 30 July 1985
* plaque commemorating the applicant's outstanding service to the Long-Range Surveillance Detachment (LRSD) in Hawaii from December 1985 through May 1987
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 enlisted in the Regular Army on 27 December 1983.  He completed training and was awarded MOS 11B (Infantryman).  

3.  He was honorably released from active duty from the Army on 15 December 1987, for Expiration Term of Service.  Item 13 (Decorations Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following:

* NCO Professional Development Ribbon (1)
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Ranger Tab
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Badge with Hand Grenade Bar
* Expert Infantryman Badge
* Parachutist Badge

4.  Item 14 (Military Education) of his DD Form 215 (Correction to DD Form 214) dated 1 June 2001, reflects the following:

* Primary Leadership Development Course, 4 weeks, 1986
* U.S. Navy Scuba Divers Course, 1986

5.  The applicant's record does not contain a copy of his DA Form 1307 (Individual Jump Record), nor does it reflect and the applicant fails to provide evidence to corroborate award of the Master Parachutist Badge or graduation from the Jumpmaster Course.

6.  The applicant provides as evidence:

* U.S. Army Infantry School Airborne Course diploma, dated 26 April 1984 
* U.S. Army Infantry School Ranger Course diploma, dated 1 August 1985
* Ranger Class 10-85 photograph, dated 30 July 1985
* plaque commemorating his outstanding service to the LRSD in Hawaii from December 1985 through May 1987

7.  Army Regulation 600-8-22 (Military Awards) states award of the Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Master Parachutist Badge was carefully considered.

2.  The Ranger and Airborne Course Diplomas, outstanding service plaque, and photographs provided do not show he meets the specific eligibility requirements for award of the Master Parachutist Badge.  The applicant's jump status and Ranger Tab are not in question.

3.  The applicant's record is void of evidence showing he meets the eligibility for award of the badge as it does not reflect completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps) culminating in an airborne assault problem and graduation from the Jumpmaster Course.

4.  In view of the above, there is insufficient evidence to support his request.

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)                                         AR20140006159



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ABCMR Record of Proceedings (cont)                                         AR20140006159



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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