IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090002866 


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, in effect, that his Parachutist Badge be listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his airborne status is not listed on his discharge papers.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 6 September 1991.  He completed all training, including training as a radio repairer in military occupational specialty (MOS) 35E.

3.  Later, the applicant completed basic parachute training and was awarded the Parachutist Badge by Headquarters, Army Infantry Center, Fort Benning, Georgia, Permanent Orders 065-158, dated 6 March 1995.  This award is not listed on his DD Form 214.

4.  He was separated from active duty on 26 April 1996 with an honorable characterization of service.  His DD Form 214 shows in block 11 that his MOS was 31E1P.  The "P" suffix indicates that he was qualified as a parachutist.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant appears to have been authorized other awards that are not shown on his DD Form 214.  These are as follows:

	a.  Headquarters, 54th Engineer Battalion, Permanent Orders 96-13, dated 15 September 1993, awarded him the Army Achievement Medal for meritorious achievement during the period 6 July 1993 through 30 September 1993; and

	b.  Headquarters, XVIII Airborne Corps and Fort Bragg, Permanent Orders 136-179, dated 30 September 1994, awarded him the Army Good Conduct Medal for the period from 6 September 1991 to 5 September 1994.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his airborne status is not listed on his discharge papers.

2.  The applicant was awarded the Parachutist Badge.

3.   He was also awarded the Army Achievement Medal and the Army Good Conduct Medal.

4.  The above awards should be added to the applicant's DD Form 214.


BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards already shown, he is authorized the Army Achievement Medal, Army Good Conduct Medal, and 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)                                         AR20090002866



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ABCMR Record of Proceedings (cont)                                         AR20090002866



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