IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150003118 


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 his airborne status, in effect, through award of the Parachutist Badge and amendment of his last duty assignment.

2.  The applicant states:

* he was in an airborne status while assigned to the 319th Airborne Field Artillery Regiment, 82nd Airborne Division, and neither his airborne status nor this assignment is reflected on his DD Form 214
* he has been very ill due to his service-connected disabilities
* he has been dealing with mental health issues since his discharge

3.  The applicant provides:

* partial Army separation packet
* 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 24 July 2003.  He completed training and he was awarded military occupational specialty 13F (Fire Support Specialist).

3.  His military records in the interactive Personnel Electronic Records Management System (iPERMS) were reviewed and found to be void of an Individual Jump Record (a chronological record of jumps in which he participated), any documentary evidence showing completion of the Airborne Course, or orders awarding him the Parachutist Badge, and he did not provide any of these documents.

4.  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).  His records also contain a DA Form 4856 (Developmental Counseling Form), dated 6 October 2005, which likewise shows his assignment to that unit.

5.  On 4 November 2005, he was honorably discharged.  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows his last duty assignment as "030319FABN BTRY B 105MM FC [3rd Battalion, 319th Airborne Field Artillery Regiment, Battery B, 105 millimeter howitzer, FORSCOM]."  His DD Form 214 does not show he was awarded or authorized the Parachutist Badge.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states to be eligible for award of the basic Parachutist Badge, 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 as follows:

	a.  a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander, or

	b.  while engaged in military operations involving conflict with an opposing foreign force, or

	c.  while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  The instructions provided that the last unit of assignment and major command with the corresponding two-character assignment code would be entered in item 8a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to properly reflect his last duty assignment and, in effect, his airborne status through award of the Parachutist Badge was carefully considered.

2.  There is no evidence of record the applicant was in an airborne status.  He did not provide documentation and iPERMS does not contain documentary evidence showing his completion of the Airborne Course, Individual Jump Records, or orders awarding him the Parachutist Badge.

3.  His separation packet shows he was assigned to Battery B, 2nd Battalion, 319th Airborne Field Artillery Regiment, 82nd Airborne Division, FORSCOM, as opposed to Battery B, 3rd Battalion, 319th Field Artillery Regiment, 82nd Airborne Division, FORSCOM.

4.  While annotation of only the last unit of assignment and major command are required in item 8a of the DD Form 214, regulatory guidance does not prohibit including the appropriate division to which the unit belongs.

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:

* deleting the current entry in item 8a of his DD Form 214
* adding the following entry to item 8a of his DD Form 214 – BTRY B 020319 FABN 82ABN DIV FC

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 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)                                         AR20150003118



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ABCMR Record of Proceedings (cont)                                         AR20150003118



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