BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150001347
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 award of the Parachutist Badge.
2. He states he completed the Airborne Course on 9 February 1962 and the Parachutist Badge is not listed on his DD Form 214.
3. He provides his DD Form 214 with an Honorable Discharge Certificate and his Airborne Course Certificate.
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 was inducted into the Army of the United States on 8 August 1961. He served 1 year, 11 months, and 22 days of total active service and he was honorably released from active duty on 29 July 1963.
3. His DA Form 20 (Enlisted Qualification Record) lists in item 27 (Specialized Training) the type of course, the duration in weeks, and the date the course was completed. It shows the applicant attended and completed the Basic Airborne Training Course on 9 February 1962.
4. The applicant also provided a certificate that shows he successfully completed the Airborne Course at Fort Benning GA on 9 February 1962.
5. His DA Form 24 (Service Record) shows in Section 10 (Remarks) that the Parachutist Badge was revoked per paragraph 3, Special Orders 40, issued by the 101st Airborne Division, dated 14 February 1962. However, these orders are not contained in his available file.
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.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that any Parachutist Badge could be revoked when the awardee: (a) was convicted by court-martial for refusal to participate in a parachute jump; or (b) initiated, in his initial tour of airborne duty, action which resulted in termination of his airborne status prior to his completion of 18 consecutive months of airborne duty.
DISCUSSION AND CONCLUSIONS:
Evidence of record confirms that the applicant successfully completed the Airborne Basic Course on 9 February 1962 and was awarded the Parachutist Badge. However, for unknown reason(s), the orders awarding him the Parachutist Badge were revoked on 14 February 1962. Therefore, he is not entitled to correction of his DD Form 214 to show this award.
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.
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