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ARMY | BCMR | CY2014 | 20140016773
Original file (20140016773.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016773 


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:

* the Parachutist Badge is not reflected on his DD Form 214
* he was a member of the 82nd Airborne Division
* he went to Jump School at Fort Benning, GA, in 1990
* he made 46 jumps with the 82nd Airborne Division    

3.  The applicant provides a copy of 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 military records are not available for review.  The National Personnel Records Center failed to locate his service records.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 
15 August 1989 and trained as a combat signaler.  He served in Southwest Asia from 19 August 1990 to 1 April 1991.  He was honorably released from active duty on 6 June 1993.

4.  His DD Form 214 does not show the Parachutist Badge as an authorized award.  However, item 11 (Primary Specialty) of his DD Form 214 shows his military occupational specialty as 31K with special qualification identifier (SQI) code "P" which indicates he successfully completed Airborne training. 
  
5.  There are no orders for the Parachutist Badge in the available records.

6.  Army Regulation 600-8-22 (Military Awards) states 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 he completed airborne training at Fort Benning, GA, in 1990 and he made 46 jumps with the 82nd Airborne Division.

2.  Although his DD Form 214 does not show the Parachutist Badge as an authorized award, his DD Form 214 shows he was awarded SQI code "P" which indicates he successfully completed Airborne training.  Therefore, the entry in item 11 of the applicant's DD Form 214 which shows SQI "P" is accepted as sufficient evidence on which to base adding the Parachutist Badge to his 
DD Form 214.

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 the Parachutist Badge to his DD Form 214.



      _______ _   _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)                                         AR20140016773





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ABCMR Record of Proceedings (cont)                                         AR20140016773



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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