IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140012982
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Parachutist Badge and "Expert Rifleman's Badge." It is unclear whether the applicant is requesting the Expert Infantryman Badge or the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states he was awarded both badges, but they were not annotated on his DD Form 214. He served in the 319th Artillery Battalion, 82nd Airborne Division, at Fort Bragg, North Carolina, from June 1961 through April 1963 and needs proof of his prior jump status to join an airborne association.
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 enlisted in the Regular Army on 23 January 1961 and was awarded military occupational specialty (MOS) 140.00 (Field Artillery Basic).
3. Item 27 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record) shows he completed the 3-week Basic Airborne Course on 13 July 1961. Item 15 (Assignment Limitations) shows he terminated his airborne status on 30 January 1963 and was no longer eligible for further airborne training or duty as of that date.
4. The applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 January 1964.
5. His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). No other decorations, medals, badges, commendations, citations, or campaign ribbons are listed.
6. The applicant's records do not contain and he has not provided orders awarding him the Parachutist Badge or the Expert Infantryman Badge.
7. Army Regulation 672-5-1 (Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual and unit awards.
a. Award of the Parachutist Badge requires an individual to have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.
b. Any Parachutist Badge may be revoked when the awardee initiates, in his initial tour of airborne duty, action which results in termination of airborne status prior to completion of 18 consecutive months of airborne duty.
c. Award of the Expert Infantryman Badge requires an individual to be an infantry officer or enlisted man, or a warrant officer with an infantry MOS who has satisfactorily completed the prescribed proficiency tests while assigned to an infantry unit of brigade, regimental, or smaller size while assigned to or attending a course of instruction at the U.S. Army Infantry School, or while on temporary duty at a testing headquarters for the sole purpose of taking the Expert Infantryman Badge test.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he completed the 3-week Basic Airborne Course and did not terminate his airborne status until he completed 18 months and 18 days of airborne duty. Therefore, it would be appropriate to correct his DD Form 214 to show award of the Parachutist Badge.
2. The Expert Marksmanship Qualification Badge with Rifle Bar (M-14) is already annotated on the applicant's DD Form 214. Therefore, no further action is required if his intention is to document the Expert Marksmanship Qualification Badge by requesting the "Expert Rifleman's Badge."
3. The applicant's records indicate he did not hold an infantry MOS and he was not assigned to an infantry unit. There is no indication that he satisfactorily completed the prescribed proficiency tests for award of the Expert Infantryman Badge or otherwise qualified for the badge. Therefore, there is no basis for correcting his DD Form 214 to show award of Expert Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the award of the Parachutist Badge to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Expert Infantryman Badge.
____________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) AR20140012982
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ABCMR Record of Proceedings (cont) AR20140012982
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