IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017769
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 he completed airborne training and was a paratrooper until his release from active duty.
2. The applicant states he just wants to have his records correct.
3. The applicant provides copies of:
* DD Form 214 (Copy 1)
* Certificate for successful completion of the Basic Airborne Course, dated 19 July 1967
* All American Membership Certificate in the 82nd airborne Division Association, Incorporated, dated 24 November 2003
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 December 1965, the applicant enlisted in the Regular Army. He completed his initial training and was awarded a military occupational specialty (MOS) 62B2O (Engineer Equipment Repairman).
3. On 21 July 1966, the applicant departed Fort Belvoir, Virginia, for duty in the Federal Republic of Germany (FRG).
a. On 1 August 1966, he was assigned to Company E, 12th Engineer Battalion, 8th Infantry Division, where he was assigned as a bridge vehicle mechanic.
b. On 15 May 1967, he was reassigned within the battalion to Company A for duty as a combat construction specialist.
c. The certificate provided by the applicant indicates that he attended the 8th Infantry Division Airborne School and successfully completed the Basic Airborne Course on 19 July 1967.
d. Special Orders Number 242, 8th Infantry Division, dated 30 August 1967, announced a change in his MOS showing his primary MOS as 12B2P (Combat Engineer); and his secondary MOS as 62B2P. The "P" is a special qualification indicator showing he was qualified as a parachutist.
e. On or about 24 November 1968, he departed the FRG.
4. On 24 November 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 11 months, and 11 days of creditable active duty service. His DD Form 214 indicates in:
a. Item 23a (Specialty Number and Title): 12B2P, Combat Engineer with parachutist qualification;
b. Item 25 (Education and Training Completed) does not show any airborne training.
5. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show completion of airborne training and that he served as a paratrooper until his release from active duty.
2. The available evidence clearly shows the applicant had been awarded an MOS as a combat engineer with parachutist qualification. This sufficiently corroborates the training certificate provided by the applicant. Therefore, his completion of the Basic Airborne Course should be shown on his DD Form 214.
3. At the time of the applicants release from active duty, the DD Form 214 did not provide for specific entries, duty assignments, or positions held within specific units. Therefore, that portion of his request concerning his desire to show he was a paratrooper should be denied.
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 adding in Item 25 of his DD Form 214: "8th Army Division, Basic Airborne Course, 3 weeks, 1967."
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 showing his duty position as a paratrooper.
_______________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140017769
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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