Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140010185
Original file (20140010185.txt) Auto-classification: Approved


		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010185 


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 completion of the Basic Airborne Course and award of the Parachutist Badge. 

2.  The applicant states he held military occupational specialty (MOS) 43E (Parachute Rigger).  He had to be airborne qualified in order to become a rigger. His DD Form 214 reflects the Rigger Badge but not the Parachutist Badge and the corresponding training. 

3.  The applicant provides his 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 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's records show he enlisted in the Regular Army on 15 June 1988.  He completed basic combat and advanced individual training and he was awarded MOS 43E.  He reenlisted on 5 March 1992. 

3.  On 6 September 1988, Headquarters, U.S. Army Training Center, Fort Benning, GA, published Permanent Orders (PO) 172-21 awarding him the Parachutist Badge effective 16 September 1988. 

4.  He attended and successfully completed the 12-week Parachute Rigger Course on or about 25 January 1989. 

5.  On 24 October 1988, Headquarters, U.S. Army Quartermaster Center, Fort Lee, VA, published Orders 205-13 awarding him MOS 43E1P effective 25 January 1989.

6.  On 11 September 1992, Headquarters, 24th Infantry Division, Fort Stewart, GA published Orders 181-48 authorizing him hazardous duty (Parachute) pay, effective 5 August 1992. 

7.  He was honorably discharged from active duty on 5 March 1996.  His DD Form 214 shows in: 

* Item 11 (Primary Specialty), 43E19 Parachute Rigger, 7 years, 1 month   
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: 

* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Parachute Rigger Badge

* Item 14 (Military Education), the:

* Parachute Rigger Course, 12 weeks, January 1989
* Drivers Training, 1 week, May 1993
* Airdrop Load Inspector Certification Course, 1 week June 1991
* Bus Driver Course, 2 weeks, June 1994

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  

DISCUSSION AND CONCLUSIONS:

The applicant completed the 3-week Basic Airborne Course in September 1988 and he was awarded the Parachutist Badge and MOS 43E1P.  His DD Form 214 erroneously omitted this training and badge and inadvertently listed his MOS as 43E19 (the number 9 instead of the letter P).  Therefore, he is entitled to correction of his DD Form 214 to show the training, badge, and correct MOS. 

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:

* deleting from item 11 the entry "43E19 Parachute Rigger, 7 years, 1 month" and adding the entry "43E1P Parachute Rigger, 7 years, 1 month"
* adding to item 13 the Parachutist Badge
* adding to item 14 the entry "Basic Airborne Course, 3 weeks, September 1988"



      _________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)                                         AR20140010185





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010185



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070007906

    Original file (20070007906.TXT) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Evidence of record shows that the applicant successfully completed the Parachute Rigger course conducted by the U.S. Army Quartermaster School and held an awarded MOS of 43E. Therefore, he is entitled to award of the Parachute Rigger Badge and correction of...

  • ARMY | BCMR | CY2008 | 20080000303

    Original file (20080000303.TXT) Auto-classification: Denied

    The DD Form 214 he was issued at the time of his discharge shows he was discharged for the good of the service, under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations), with an Under Other Than Honorable Conditions Discharge character of service. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. With respect...

  • ARMY | BCMR | CY2005 | 20050000206C070206

    Original file (20050000206C070206.doc) Auto-classification: Approved

    There are no orders in the applicant's personnel records which show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by amending his DD Form 214 to show award of the Master Parachutist Badge; and b....

  • ARMY | BCMR | CY2013 | 20130004156

    Original file (20130004156.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in Vietnam and award of both Vietnam service medals (taken to mean the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960)). His DD Form 214 does not show his dates of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2009 | 20090010589

    Original file (20090010589.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge, Air Medal, Parachute Rigger Badge, and any unit awards he may be entitled to. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge and the Parachute Rigger Badge; and c. adding to item...

  • ARMY | BCMR | CY2014 | 20140015521

    Original file (20140015521.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge. There are no special orders that show he was awarded the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

  • ARMY | BCMR | CY2009 | 20090011910

    Original file (20090011910.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Parachute Rigger Badge. The applicant contends that his records should be corrected to show award of the Parachute Rigger Badge. The evidence of record clearly shows that the applicant qualified for award of the Parachute Rigger Badge.

  • ARMY | BCMR | CY2013 | 20130007107

    Original file (20130007107.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. His DD Form 214 shows that: * he enlisted in the Regular Army on 12 August 1953 * held MOS 464.17 (Parachute Rigger) * his last duty assignment was with the 549th Airborne Quartermaster Company (Aerial Supply), Japan 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Parachute Rigger Badge and the basic Parachutist Badge to...

  • ARMY | BCMR | CY2013 | 20130004274

    Original file (20130004274.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 21 August 1964 through 2 June 1967 and...

  • ARMY | BCMR | CY2006 | 20060002035C070205

    Original file (20060002035C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, that his record be corrected to document his combat parachute jump. It states, in pertinent part, that a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN. The awards regulation also authorizes a bronze service star with the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.