BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003805 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003805 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003805 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the basic Parachutist Badge. 2. The applicant states his airborne medals are not listed on his DD Form 214. 3. The applicant provides his Airborne Course Diploma. 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 1 April 1983 for a period of 3 years. 3. Headquarters, U.S. Army Infantry Center, Permanent Orders 156-10, dated 19 August 1983, awarded him the Parachutist Badge for successful completion of airborne training. 4. He provided his Airborne Course Diploma, dated 25 August 1983, showing he completed the Airborne Course at Fort Benning, Georgia. 5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows the Parachutist Badge was lined through. 6. Item 38 (Record of Assignments) of his DA Form 2-1 shows his duty military occupational specialty as 64C1P (Motor Transport Operator – Parachutist) effective 5 August 1983 upon assignment for airborne training. His subsequent assignments beginning 13 September 1983 show his duty military occupational specialties as 64C and 62E (Heavy Construction Equipment Operator) without the parachutist designation. 7. On 1 December 1985, he was honorably discharged for immediate reenlistment. He reenlisted on 2 December 1985 for a period of 3 years. On 30 November 1988, he was honorably discharged by reason of expiration term of service. 8. His DD Form 214 does not show the Parachutist Badge as an authorized award. REFERENCES: 1. 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. Paragraph 1-32 (Revocation of Badges, Ranger Tab, Special Forces Tab, and Sapper Tab) states a Parachutist Badge may be revoked based on the recommendation of the field commander when the awardee: a. is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump, b. initiates action which results in termination of airborne status while assigned to an airborne unit in a paid parachutist position before he or she completes 36 cumulative months of paid parachutist position airborne duty, or c. withdrawal of any career management field 18, military occupational specialty 180A, or area of concentration 18A before completing 36 cumulative months of airborne duty. 2. Army Regulation 15-185 (A BCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his airborne medals are not listed on his DD Form 214. 2. Although orders show he was awarded the Parachutist Badge in August 1983, item 9 of his DA Form 2-1 shows this badge was lined through and he did not serve in any parachutist positions following completion of basic airborne training. 3. It appears that his Parachutist Badge was revoked under the provisions of Army Regulation 600-8-22. 4. In the absence of evidence to the contrary, administrative regularity may be presumed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003805 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003805 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2