BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017147
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 his birth date as 4 February 1932 and to add his jumps with the 82nd Airborne Division.
2. The applicant states:
* his birth month is incorrect
* he made two jumps with the 82nd Airborne Division and would like to have them added to his DD Form 214.
3. The applicant provides:
* DD Form 214
* birth certificate
* jump log
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 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 his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using documents submitted by the applicant.
3. His DD Form 214 shows he was inducted into the Army of the United States on 7 June 1954. He was released from active duty on 6 June 1956. His date of birth is shown as 4 January 1932. It also shows he was awarded the Parachutist Badge.
4. He provides a copy of his birth certificate which shows his birth date as 4 February 1932.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. There were no provisions for listing parachute jumps on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. With respect to adding the applicants jumps with the 82nd Airborne Division to his DD Form 214, there is no regulatory provision to add his jumps to his DD Form 214; however, his DD Form 214 does show that he was awarded the Parachutist Badge.
2. His contention that his DD Form 214 should be corrected to show his birth date as 4 February 1932 was carefully considered.
3. In view of the fact his service record is unavailable, there is no way to determine which date of birth he used during his period of service. Although his date of birth appears as "4 January 1932" on the DD Form 214 issued to him at the time of separation, his birth certificate shows his birth date as "4 February 1932." It is not unreasonable to presume a typographical error was made when preparing his DD Form 214.
4. In light of the fact that the majority of his records were destroyed, his birth certificate is accepted as sufficient evidence upon which to base correction of his DD Form 214 to show his date of birth as 4 February 1932.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 amending his DD Form 214 to show his birth date as shown on his birth certificate.
2. The Board further determined that 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 adding his jumps with the 82nd Airborne Division.
_________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) AR20140017147
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140017147
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020564
CONSIDERATION OF EVIDENCE: 1. It is appropriate to correct the record to include these courses on the 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.
ARMY | BCMR | CY2015 | 20150001762
IN THE CASE OF: BOARD DATE: 22 September 2015 DOCKET NUMBER: AR20150001762 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants DD Form 215 shows he was assigned to the 505th PIR, which received assault landing credit for two periods; therefore, he was awarded the Parachutist Badge with two bronze service stars. The available evidence indicates he participated in only two combat parachute jumps as part of operations for which his unit received assault landing credit.
ARMY | BCMR | CY2015 | 20150003118
Application for correction of military records (with supporting documents provided, if any). The applicant provided four documents contained in his approved discharge packet from August 2005 which show his assignment at the time of discharge as Battery B, 2nd Battalion, 319th Airborne Field Artillery Regiment, 82nd Airborne Division, under U.S. Army Forces Command (FORSCOM). There is no evidence of record the applicant was in an airborne status.
ARMY | BCMR | CY2012 | 20120002943
The applicant met and exceeded the criteria for award of the Senior Parachutist Badge by participating in 40 jumps, of which there were 30 combat equipment jumps, 21 night jumps, 12 mass tactical jumps, 3 noncombat jumps serving as a jumpmaster, and successful completion of the Jumpmaster course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Senior Parachutist Badge, effective 10 September 1992...
ARMY | BCMR | CY2004 | 20040009480C070208
The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States); an Armed Forces of the United States of America, Honorable Discharge Certificate, dated 11 August 1953; a DA Form 1577 (Authorization for Issuance of Awards), dated 20 March 1991; a one page list with the applicant's name and list of awards; a Certificate of Military Proficiency, date 28 May 1952; a Company B, 505th Airborne Infantry Regiment, Fort Bragg, North Carolina, Thanksgiving Menu...
ARMY | BCMR | CY2014 | 20140016773
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge. 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. 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.
ARMY | BCMR | CY2014 | 20140004388
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Parachutist Badge. 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...
ARMY | BCMR | CY2004 | 2004103841C070208
The applicant provides: a. This document shows the unit to which the applicant was assigned was cited for award of the: a. French Fourragere for the period 5-20 June 1944 by Department of the Army General Order Number 43, dated 1950. b. These are two separate and distinct criteria and a Bronze Star Medal issued for meritorious service cannot be upgraded to a Silver Star for valor.
ARMY | BCMR | CY2007 | 20070013439
The applicant's complete military records are not available for review. Section 22 (Duty for Which Additional Pay is Authorized, Including Flying, Glider, Qualification in Arms, Sea Duty, Diving, Parachute, etc) of the applicant's Service Record shows that he was qualified as a parachutist on 15 December 1948 and disqualified/discontinued on 24 January 1949. Evidence of record shows that the applicant was twice convicted by a Court-Martial.
ARMY | BCMR | CY2010 | 20100026573
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show he completed the Basic Airborne Course. Therefore, his DD Form 214 should be corrected to show award of the Parachutist Badge and completion of airborne training in 1968.