PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 October 1999                   
	DOCKET NUMBER:   AR1999018207

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded the sharpshooter badge rifle, the Combat Infantryman Badge, the Parachutist Badge, the 82d Airborne Badge, and the expert badge grenade and that his discharge be changed to a medical discharge.

3.  The applicant states that he is deaf and has back and knee problems from airborne training.  He has also been diagnosed with post-traumatic stress disorder from his jumps.  He provides no supporting evidence.

4.  The applicant’s military records are not available.  The information contained herein was obtained from a xerox copy of his DA Form 20, Personnel Qualification Record, his discharge paperwork and from his DD Forms 214.

5.  The applicant enlisted in the U. S. Marine Corps on 29 June 1970 and was honorably discharged for an unknown reason on 15 September 1970.  He was given a reenlistment code of 3P, disqualified for reenlistment but the disqualification was waiverable.

6.  The applicant enlisted in the Regular Army on 29 February 1972.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He completed airborne training at the U. S. Army Infantry School and was awarded special qualification identifier P (airborne qualified).

7.  While in confinement at the U. S. Army Retraining Brigade as a result of his conviction by a special court-martial for being absent without leave (AWOL), separation action under the provisions of Army Regulation 635-200, Chapter 14 for fraudulent entry (concealing his prior service) was initiated.  He was initially recommended for a discharge under other than honorable conditions.  Based upon the reasons for his AWOL, the Staff Judge Advocate recommended he be given a general under honorable conditions discharge.  The appropriate authority approved the recommendation and directed the applicant be furnished a General Discharge Certificate.  

8.  On 30 January 1973, the applicant was discharged with a general discharge under honorable conditions.  His DD Form 214 erroneously shows the reason and authority for separation as Army Regulation 635-200, Chapter 13, separation program number (SPN) 264 (unsuitability, character and behavior disorder).  His discharge orders show the correct authority, Chapter 14, but also the incorrect SPN of 264.  The correct SPN would have been 280, misconduct fraudulent entry.

9.  The available copy of the applicant’s DA Form 20 is very faint.  It can be determined he qualified with the rifle M16 but not the type of qualification.  An entry for the grenade is not discernible.  
10.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides that an individual who has satisfactorily completed the prescribed proficiency tests while assigned to the Airborne Department of the Infantry School is eligible for award of the Basic Parachutist Badge.  It also provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Also, the 82d Airborne Badge is not listed in this regulation as an authorized military award.

11.  Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  In pertinent part, it states that an enlisted soldier may not be referred for physical disability processing when action has been started under any regulatory provisions which authorizes a characterization of service of under other than honorable conditions unless the general court-martial authority finds that the disability is the cause of the misconduct that might result in such a discharge or other circumstances warrant disability processing instead of alternate administrative separation.

12.  Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.

CONCLUSIONS:

1.  The evidence of record shows the applicant is eligible for award of the Parachutist Badge – Basic.

2.  The evidence of record shows the applicant is not eligible for award of the Combat Infantryman Badge.  He never served in combat.

3.  Eligibility for award of the sharpshooter badge, rifle or the expert badge, grenade cannot be determined from the available records.

4.  The 82d Airborne Badge is not an authorized military award and so may not be entered on his DD Form 214.  The applicant may be referring to the current organization shoulder sleeve insignia.  This is an item of uniform wear, not a military decoration.  Since his last unit of assignment was the U. S. Army Retraining Brigade, he would not be authorized to wear the 82d Airborne Brigade shoulder sleeve insignia.

5.  The applicant was not eligible for referral for physical disability processing as the discharge he was given authorizes a characterization of service of under other than honorable conditions.  In addition, he provides no evidence to show he was ever determined to be unfit for duty.

6.  The Board also concludes that the applicant’s DD Form 214 shows the incorrect reason and authority for separation and SPN code.  His approved discharge was for fraudulent entry (SPN 280), Chapter 14, Army Regulation 635-200.

7.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.   showing the applicant was awarded the Parachutist Badge – Basic; and

     b.  showing the applicant was discharged under the provisions of Chapter 14, Army Regulation 635-200, SPN 280.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__fkm___  __jhk___  __bje___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred K. McCoy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR19990180207	
SUFFIX		
RECON		
DATE BOARDED	19991020	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0120	
3.	108.00	
4.		
5.		
6.