BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015660 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015660 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 deleting from his DD Form 214 for the period ending on 31 January 2005 the entry "Senior Parachutist Badge with Combat Distinguishing Device and one bronze service star" and replacing it with the entry "Senior 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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015660 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 deletion of the Combat Distinguishing Device and bronze service star from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 2005. 2. The applicant states that although he did earn a Senior Parachutist Badge, he never made a combat jump. The "Combat Distinguishing Device and one bronze service star" should be removed from this DD Form 214. The two indicated entries are in error. He never served in combat, made a combat jump, and he was not awarded the bronze service star. 3. The applicant provides his 2005 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 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 the cases 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. 2. The applicant was appointed in the U.S. Army Reserve, Quartermaster Corps, as a second lieutenant, on 13 April 1979, with prior enlisted service. He held military occupational specialty 90A (Logistics Officer). 3. His official military personnel file located in the interactive Personnel Electronic Records Management System (iPERMS) contain Permanent Orders Number 65-10, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC on 9 April 1982, awarding him the Senior Parachutist Badge. 4. He was honorably retired on 31 January 2005. His DD Form 214 shows he was credited with completing over 25 years of total active service. This form lists the Senior Parachutist Badge with Combat Distinguishing Device and one bronze service star among his awards. 5. His OMPF in iPERMS is void of any evidence or orders awarding him the Senior Parachutist Badge with Combat Distinguishing Device and a bronze service star. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation stated three degrees of badges are authorized for a parachute badge award: Parachutist Badge, Senior Parachutist Badge, and Master Parachutist Badge. A bronze service star is authorized to be worn on the Parachutist Badges to denote a Soldier’s participation in a combat parachute jump. Orders are required to confirm award of these badges. A Soldier’s combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier is attached or assigned at the time of the assault. 2. AR 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized as shown on the individual's DA Form 2-1 would be entered. 3. AR 600-8-104 (Army Military Human Resource Record Management) provides in Table 2-1 (Composition of the OMPF) provides that award orders are filed in the Commendatory and Disciplinary portion of the OMPF. Once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR. DISCUSSION: 1. The applicant contends that the Combat Distinguishing Device and bronze service star should be removed from his 2005 DD Form 214. 2. Orders awarded him the Senior Parachutist Badge during his period of service. His DA Form 2-1 and DD Form 214 list this award. There are no orders or authorizing documents in his service records which support the entries for the Combat Distinguishing Device and bronze service star for a combat jump to be affixed to his Senior Parachutist Badge during his period of service. These two items were added to his DD Form 214 in error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015660 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015660 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2