IN THE CASE OF: BOARD DATE: 3 February 2011 DOCKET NUMBER: AR20100017647 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 the Parachutist Badge and the correct date in Block 12a (Record of Service – Date Entered AD [Active Duty] This Period). 2. The applicant states he went to Jump School and was awarded the Parachutist Badge; he was airborne and served with the 82nd Airborne Division. He also entered AD on 9 September 1974, but his DD Form 214 shows 11 September 1979. 3. The applicant provides: * his DD Form 214 for the period 19790911-19930830 * his DD Form 214 for the period 19740909-19790910 * Special Orders Number 25, Headquarters, The School Brigade, US Army Infantry School, Fort Benning, GA, dated 6 February 1973, awarding him the Parachutist Badge * other documents attesting to his airborne status 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 is a retired, airborne-qualified sergeant first class (SFC)/E-7. 3. The applicant enlisted in the Regular Army on 17 August 1972. He attended the Basic Airborne Course and received his Parachutist Badge on 6 February 1973. He was honorably discharged for the purpose of reenlistment on 8 September 1974. He received a DD Form 214 showing he completed 2 years and 22 days of active service. It also shows award of the Parachutist Badge. 4. The applicant reenlisted on 9 September 1974. He was honorably discharged for the purpose of reenlistment on 10 September 1979. He received a DD Form 214 showing he completed 5 years and 2 days of active service and 2 years and 22 days of prior active service, or a total of 7 years and 24 days. 5. He served continuously through reenlistments for an additional 13 years, 11 months, and 20 days. He was honorably retired on "30" August 1993. His DD Form 214 for this period of service shows in Block 12d (Total Prior Active Service) the 7 years and 24 days from his first two DD Forms 214. It does not show the Parachutist Badge as an authorized award. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation provides: a. That a DD Form 214 would be prepared each time a Soldier was retired, discharged, or released from active service [this policy changed in 1981 to preclude the issuance of a DD Form 214 when a Soldier was discharged for the purpose of immediate reenlistment]. b. For Block 12a – enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. c. For Block 12d – From the previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any; if not applicable, enter “00 00 00.” DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his retirement DD Form 214 for the period 19790911-19930830 be corrected to show award of the Parachutist Badge. He also requests that Block 12a of this DD Form 214 be changed to show he entered active duty on 9 September 1974. However, he has an initial enlistment DD Form 214 for the period 19720817 - 19740908 and his second enlistment DD Form 214 for the period 19740909-19790910. 2. The applicant's first period of service was captured on his original, initial enlistment DD Form 214 and the total active service from that document was carried forward onto his second and his retirement DD Form 214. There is no error in Block 12a of his retirement DD Form 214. 3. The applicant was awarded the Parachutist Badge by special orders. It should be added to his retirement DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 adding the Parachutist Badge to his retirement DD Form 214 for the period 19790911-19930830. 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 correcting Block 12a of his retirement DD Form 214. _______ _ _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) AR20100017647 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017647 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1