IN THE CASE OF: BOARD DATE: 16 October 2020 DOCKET NUMBER: AR20200000729 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1976 to show award of the Parachutist Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 REFERENCES: 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) 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. 3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Paragraph 2-38 (General Provisions of Special Qualification Identifier (SQI)) stated the SQI is the fifth character of the military occupational specialty (MOS) code which identifies special qualifications that a Soldier may possess (such as parachutist "P" or linguist "L"). b. Paragraph 2-33f (Withdrawal) stated SQIs will be withdrawn upon loss of qualification in represented skill. When any SQI is withdrawn, the identifier will be deleted from all MOSs in which awarded in item 6 of the DA Form 2-1 (Personnel Qualification Record – Part II). c. Identifier "P" will be withdrawn under the following conditions: (1) when no longer physically qualified for airborne duty, (2) by submitting a request for removal from airborne duty to his/her unit commander stating he/she does not desire future airborne duty, and (3) when the Soldier refuses to jump while in an airborne status. 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards. a. Paragraph 1-29 (Revocation of Badges) stated commanders authorized to award combat and special skill badges are authorized to revoke such awards. An award, once revoked, will not be reinstated except by Headquarters, Department of the Army. b. Paragraph 1-29c(2) stated any parachutist badge may be revoked when the awardee is convicted by court-martial for refusal to participate in a parachute jump or initiates, in his initial tour of airborne duty, action which results in termination of his airborne status prior to completion of 36 consecutive months of airborne duty. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he attended the airborne school at Fort Benning, GA, in November 1976. He was awarded the Parachutist Badge and it is not listed on his DD Form 214 for the period ending 29 June 1979. 3. He enlisted in the Regular Army on 1 July 1976. 4. Headquarters, U.S. Army Infantry Center, Orders 118-14, dated 26 October 1976, awarded him SQI "P" and the Parachutist Badge effective 12 October 1976. The additional instructions state the orders remain in force pending separation or issuance of orders terminating such status. 5. Headquarters, 82d Airborne Division, Orders 11-24, dated 16 January 1979, terminated his duty as a parachutist effective 6 December 1978. The additional instructions state: a. SQI "P" is withdrawn from his MOS under the provisions of Army Regulation 600-200, paragraph 2-33f. b. His Parachutist Badge is revoked under provisions of Army Regulation 672-5-1, paragraph 1-29c(2). c. He is no longer authorized to wear the Parachutist Badge and will immediately remove the Parachutist Badge and insignia from all uniforms. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 4 (Assignment Consideration), he is disqualified from airborne duty effective 6 December 1978 as a deliberate terminator in accordance with Army Regulation 614-200. (Note: Soldiers who decline the assignment are deliberate terminators. If a Soldier declines an airborne assignment, SQI "P" will be withdrawn); and b. item 6 (MOSs), the Parachutist Badge is lined through. 7. He was honorably relieved from active duty and transferred to the U.S. Army Reserve on 29 June 1979. His DD Form 214 shows in: * item 18a (Net Active Service) – 2 years, 11 months, and 29 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. Following a break in service, he again enlisted in the Regular Army on 30 September 1980 for a period of 4 years. 9. Headquarters, 82d Airborne Division, Orders 83-96, dated 30 April 1981, ordered him to perform parachutist duty effective 11 March 1981. The SQI awarded is shown as not applicable. The additional instructions state: a. These orders remain in effect after discharge and reenlistment without a break in service, unless sooner terminated. b. He must complete the Airborne Refresher Course prior to making a parachute jump if a period of more than 6 months has elapsed since the date of the last parachute jump. 10. His DA Form 2-1 for this term of enlistment shows his MOS as 71D (Legal Clerk) with SQI "P." Item 9 (Awards, Decorations, and Campaigns) shows award of the Parachutist Badge. 11. On 24 November 1984, he was honorably discharged. His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 4 years * item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal (2nd Award) * Army Achievement Medal (2nd Award) BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. Prior to his release from active duty on 29 June 1979, authorization for the applicant to wear the Parachutist Badge had been revoked. The record indicates authorization for him to wear the badge was reinstated, and the badge is listed on his DD Form 214 for the period ending 24 November 1984. The Board determined the absence of this badge on his DD Form 214 for the period ending 29 June 1979 is not an error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000729 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1