IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013152 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Parachutist Badge.

2.  The applicant states that he was assigned to the 11th Airborne Division.  He qualified as a parachutist in March 1946; however, his record does not show the Parachutist Badge.

   a.  He states he was assigned to the 408th Airborne Quartermaster Company, 11th Airborne Division while deployed in Japan from October 1945 to April 1946.  He completed the division's parachute school at Sendai, Japan and earned the Parachutist Badge.

   b.  Several years ago he was elected as the Vice President of the Mid-Atlantic Chapter of the 11th Airborne Division Association.  He recently discovered that the Parachutist Badge is not recorded on his WD AGO Form 53-55.  He adds that it would be embarrassing if he could not prove that he was a qualified parachutist.

   c.  He wishes to ensure that his military records are accurate in the event his descendants conduct research into his military service.

3.  The applicant provides a copy of an 11th Airborne Division certificate.


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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the U.S. Army Reserve on 29 April 1944.  He entered active duty on 3 April 1945 and was honorably discharged on 24 October 1946 for the convenience of the government based on demobilization.  He had completed 10 months and 27 days of continental service; 7 months and 24 days of foreign service; and 2 years,
5 months, and 26 days of total service.  It also shows in –

* item 3 (Grade):  Corporal
* item 6 (Organization):  408th Airborne Quartermaster Company, 
11th Airborne Division
* item 30 (Military Occupational Specialty (MOS) and Number):  Assistant Director, 286
* item 31 (Military Qualification and Date):  Marksman, M-1 Rifle 
(30 caliber), 13 May 1945
* item 33 (Decorations and Citations) –

* American Defense Service Medal
* Army of Occupation Medal (with Japan Clasp)
* Asiatic-Pacific Campaign Medal
* Army Good Conduct Medal
* World War II Victory Medal
* item 36 (Service Outside Continental United States (CONUS) and Return) –

* CONUS – departed 12 October 1945
* Western Pacific Theater of Operations –

* arrived 25 October 1945
* departed 26 April 1946

* CONUS – arrived 6 May 1946

4.  The applicant's WD AGO Form 100 (Separation Qualification Record) shows in –

* Military Occupational Assignments his MOSs, as follows –

* 521 – Basic Infantry
* 835 – Supply Clerk
* 286 – Assistant Director

* Summary of Military Occupations:  Assistant Director – 286:  Served in the Signal Corps Photographic Center at Long Island City, NY as Assistant Director of Motion Picture Production.  Supervised the production of motion pictures for use in the education and information of Army units.

5.  There is no evidence in the available military service records that shows the applicant was awarded the Parachutist Badge.

6.  In support of his application the applicant provides a copy of an 11th Airborne Division certificate that shows he satisfactorily completed the prescribed course in parachute packing, ground training, and he made the required number of parachute jumps from a plane in flight; therefore, he was rated and qualified as a parachutist on 11 March 1946.  The certificate was issued under the command of Major General S____ and signed by Lieutenant Colonel E.T. H____, Adjutant General.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows that award of the basic Parachutist Badge requires that an individual must 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53-55 should be corrected to show he was awarded the Parachutist Badge.

2.  The evidence of record shows he was assigned to the 408th Airborne Quartermaster Company, 11th Airborne Division, and that he satisfactorily completed the requirements to be rated and qualified as a parachutist on 
11 March 1946.

3.  Thus, it would be appropriate at this time to correct the applicant's records to show he was awarded the Parachutist Badge.

4.  Therefore, in view of the foregoing, it would be appropriate to correct his 
WD AGO Form 53-55, as recommended below.

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 31 of his WD AGO Form 53-55 the entry "Parachutist Badge, 11 March 1946."



      ____________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)                                         AR20140013152



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ABCMR Record of Proceedings (cont)                                         AR20140013152



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