IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140017765


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Parachutist Badge and correction of his record to show he was eligible to reenlist.

2.  The applicant states:

   a.  He wants his Parachutist Badge restored to him since he earned it.
 
   b.  He was attacked by a second lieutenant (2LT) after returning to base after attending a funeral for his uncle whom he had called "father" since he raised him.  The 2LT was very abusive so he went absent without leave (AWOL).  

   c.  When he realized what he had done, he called the military police and when they arrived, they attacked him, put a chain around his neck and beat him.  The military police accused him of banging his head against a wall. 

   d.  All he wanted to do was serve his country since all of the male family members served honorably and he wanted to do the same.  

3.  The applicant provides:

* a self-authored letter
* a DD Form 481-3 (Report of Medical Examination)
* a DD Form 214
* Special Orders Number 137

* DA Form 24 (Service Record)

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.  On 30 July 1959, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 111.00 (Light Weapons Infantryman).

3.  Special Orders Number 317 dated 11 June 1960 from Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, KY, show the applicant was awarded the Parachutist Badge, effective 8 June 1960.  

4.  His DD Form 214 item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorize) shows the:  Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  His DA Form 24 (Service Record) shows: 

* Section 6 (Time Lost): 5 May 1961 and 6-7 May 1961: AWOL
* Section 10 (Remarks) states, "PRCHT Badge revoked Per Par 1 SO 98 101st Abn Div dated 21 Apr 61, Not Eligible for Reenlistment."

6.  On 29 May 1961, the applicant was seen at the Valley Forge General Hospital in Phoenixville, PA.  An SF Form 86 (Report of Medical Examination) shows he was diagnosed with passive aggressive reaction, severe; manifested by hostility, resentment, AWOL, stubbornness, and inefficiency and uncooperativeness and recommended for administrative separation.

7.  Records show the applicant voluntarily requested to terminate his airborne status since he no longer desired to remain in an airborne unit.


8.  On 7 July 1961, the applicant was recommended for separation due to unsuitability.  

9.  On 20 July 1961, he was honorably discharged after completing 1 year, 11 months, and 18 days of net service.

10.  Army Regulation 600-8-22 (Military Awards) states the 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.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that any Parachutist Badge could be revoked as a result of conviction by court-martial for refusal to participate in a parachute jump; or initiating, in the initial tour of airborne duty, action which resulted in termination of airborne status prior to completion of 18 consecutive months of airborne duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Parachutist Badge.

2.  Although the applicant states he was assaulted by the military police and his 2LT, there is no supporting documentation in his official military personnel file or in his medical record to support his claim.

3.  The available evidence shows he completed the requisite course of instruction and was awarded the Parachutist Badge.  Unfortunately, he requested to terminate his airborne status prior to his completion of 18 consecutive months of airborne duty and had his Parachutist Badge revoked on 21 April 1961.  Therefore, there is no basis for restoring the badge to him and no basis for adding it to his DD Form 214.

4.  The evidence of record indicates a determination was made that he was ineligible to reenlist.  His incidents of AWOL and his medical evaluation support that determination.  There is no indication of procedural or other errors that would tend to jeopardize his rights.  Therefore, there is no basis for correcting his record to show he was eligible to reenlist.

5.  In view of the foregoing, his request should be denied.



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 that 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)                                         AR20140004055



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017765


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1