IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140009938 


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 and Army Good Conduct Medal.

2.  The applicant states he was awarded the Parachutist Badge and Army Good Conduct Medal, but neither is listed on his DD Form 214 due to a clerical error.

3.  The applicant provides:

* U.S. Army Infantry School Airborne Course Diploma
* Army Good Conduct Medal Certificate
* 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 enlisted in the Regular Army on 20 September 1983.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

3.  The applicant provided a U.S. Army Infantry School Airborne Course Diploma, dated 26 January 1984, reflecting his successful completion of the Airborne Course.

4.  His records contain Headquarters, 82d Airborne Division, Orders 151-98, dated 8 August 1984, revoking his Parachutist Badge effective 6 August 1984.  The additional instructions state he is a deliberate terminee, is no longer authorized to wear the Parachutist Badge, and will immediately remove the Parachutist Badge and insignia from all uniforms.

5.  His records do not contain orders awarding him the Army Good Conduct Medal.  His records also do not contain any reference to his disqualification for award of the Army Good Conduct Medal.

6.  The applicant provided an Army Good Conduct Medal Certificate showing he was awarded the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service from 20 September 1983 to 22 July 1986.

7.  He was honorably released from active duty on 22 July 1986 after completing 2 years, 10 months, and 3 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Infantryman Badge
* Army Achievement Medal

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  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.

9.  Army Regulation 672-5-1 (Military Awards), paragraph 1-29 in effect at the time, stated any Parachutist Badge may be revoked when the awardee initiates action in his initial tour of airborne duty which results in termination of his airborne status prior to completion of 36 consecutive months of airborne duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Army Good Conduct Medal and Parachutist Badge was carefully considered.

2.  The evidence of record shows the applicant completed the Airborne Course at Fort Benning on 26 January 1984.  However, Headquarters, 82d Airborne Division, Orders 151-98, dated 8 August 1984, revoked his Parachutist Badge due to the deliberate termination of his airborne status.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Parachutist Badge.

3.  The applicant's records do not contain any reference to disciplinary action or disqualification for award of the Army Good Conduct Medal and he provided a copy of a certificate awarding him the Army Good Conduct Medal.  It is presumed the lack of reference to the Army Good Conduct Medal on his DD Form 214 was an oversight.  Therefore, his DD Form 214 should be corrected to show award of the Army Good Conduct Medal (1st Award).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the Army Good Conduct Medal (1st Award).

2.  The Board further determined 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 the applicant's request for correction of 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)                                         AR20140009938



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ABCMR Record of Proceedings (cont)                                         AR20140009938



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