IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140016238
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 award of the Parachutist Badge.
2. The applicant states he was awarded the Parachutist Badge, but it was omitted from his DD Form 214 at the time of his discharge.
3. The applicant provides:
DD Form 214
U.S. Army Infantry School Airborne Course Diploma, dated 11 May 1990
Headquarters, U.S. Army Infantry Center, Permanent Orders 85-15, dated 2 May 1990
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 5 September 1989.
3. The applicant provided a U.S. Army Infantry School Airborne Course Diploma, dated 11 May 1990, reflecting his successful completion of the Airborne Course at Fort Benning, GA. He also provided Headquarters, U.S. Army Infantry School, Permanent Orders 85-15, dated 2 May 1990, awarding him the Parachutist Badge effective 11 May 1990 for successful completion of airborne training.
4. He was honorably released from active duty on 7 June 1993 after completing 3 years, 9 months, and 3 days of active service. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal Saudi Arabia
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal
* Combat Infantryman Badge
* Parachute Rigger Badge
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show he was awarded the Parachutist Badge was carefully considered and found to have merit.
2. The evidence of record shows he completed the Airborne Course on 11 May 1990 and Permanent Orders 85-15 awarded him the Parachutist Badge for successful completion of airborne training. Therefore, he is entitled to correction of his DD Form 214 to show award of the Parachutist Badge.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to show award of the Parachutist 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) AR20140016238
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ABCMR Record of Proceedings (cont) AR20140016238
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