IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013502
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 (Report of Separation from the Armed Forces of the United States) to reflect award of the Senior Parachutist Badge.
2. The applicant states he deserves the Senior Parachutist Badge, but he noticed while reviewing his paperwork with a Disabled American Veterans representative that his DD Form 214 shows award of the Parachutist Badge instead.
3. The applicant provides:
* DD Form 214
* application for Senior Parachutist Badge, dated 5 December 1954
* chronological list of jumps
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 reenlisted in the Regular Army on 20 October 1953 and served as a heavy weapons infantryman.
3. He provided an incomplete application for award of the Senior Parachutist Badge, dated 5 December 1954, addressed to the Commanding General, 187th Airborne Regimental Combat Team. There is no evidence his application was completed, submitted through the proper channels, and reviewed by the approval authority. His character and efficiency ratings from the time period are not available for review.
4. The applicant's chronological record of jumps reflects he participated in:
* 33 jumps
* 4 jumps as jumpmaster
* 3 jumps with combat equipment, rations, and ammunition
* 3 night jumps
* 0 night jumps as jumpmaster
* 0 combat jumps
5. He was discharged on 17 June 1955. He completed 1 year, 7 months, and 28 days of honorable active service during this period. His DD Form 214 reflects he was awarded or authorized the:
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Army Good Conduct Medal (2nd Award)
6. Additionally, his DD Form 214 reflects he successfully completed the Jumpmaster Course on 30 January 1954.
7. Army Regulation 600-70 (Badges), in effect at the time, set forth requirements for award of the Senior Parachutist Badge. Award of the Senior Parachutist Badge required a rating of "excellent" or higher in conduct and efficiency, participation in a minimum of 30 jumps (5 with combat equipment and 2 night jumps with 1 as jumpmaster), and either graduation from the Jumpmaster Course of the Airborne Department of The Infantry School or the jumpmaster school of a separate airborne battalion or larger airborne unit, or service as jumpmaster on 1 or more combat jumps, or service as jumpmaster on 15 noncombat jumps.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not show the applicant met the requirements for the Senior Parachutist Badge. Although he completed the requisite number of total jumps, the requisite number of night jumps, and graduated from the Jumpmaster Course, he failed to complete a total of 5 jumps with combat equipment and 1 night jump as jumpmaster.
2. Additionally, his conduct and efficiency ratings are not available for review.
3. The applicant did not demonstrate an error or an injustice. As such, there is insufficient evidence to grant him relief in this case.
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 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) AR20140013502
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ABCMR Record of Proceedings (cont) AR20140013502
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