MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             1 March 2000                 
	DOCKET NUMBER:    AR1999029948

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that the Parachutist Badge (Jump Wings) be added to his DD Form 214 (Report of Separation from Active Duty).

APPLICANT STATES:  In effect, that the Parachutist Badge was the highest decoration he received and that it was deserved.  He states that he completed basic airborne training at Fort Benning, Georgia and continued to jump with the 82nd Airborne Division at Fort Bragg, North Carolina, and he would like this performance recognized on his separation document.  He goes on to indicate that he graduated 4th in his basic airborne class and was awarded the Parachutist Badge, and that this fact should be recognized regardless of what happened later in his service tenure.  He further states that he attempted to be reassigned to an airborne unit in Italy but was denied.  He also commented that he witnessed a total parachute malfunction, which led to a soldier’s death, and this resulted in his requesting termination of his airborne status because he was afraid to jump.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 5 December 1975 for 3 years.  He successfully completed basic training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT he was awarded military occupational specialty (MOS) 11B (Infantryman) and was assigned to Fort Benning, Georgia to attend the basic airborne course.  

He graduated from the basic airborne course in June 1976, which resulted in his being awarded the special qualification indicator (SQI) of P (Parachutist) and in being awarded the Parachutist Badge.  Upon his graduation from this course he was assigned to the 82nd Airborne Division at Fort Bragg.

The highest rank he attained while on active duty was specialist/E-4 and his record documents no acts of valor, significant achievement, or service warranting special recognition.  There is an extensive disciplinary history recorded, which includes the applicant’s acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, on three separate occasions.  

On 24 January 1976, while still in basic training, the applicant accepted NJP for disobeying a lawful order, which resulted in his forfeiting $60.00.  On 23 February 1976, the applicant accepted NJP for abandoning his guard post, which resulted in his being punished with a forfeiture of $80.00 and 14 days of restriction and extra duty.

On 22 April 1977, Orders Number 78-54 was published by Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, which terminated the applicant’s Parachutist duty, effective 30 March 1977.  This order also directed that his special qualification identifier of P be withdrawn from his MOS and that the Parachutist Badge be revoked.  The order also stipulated that the applicant was no longer authorized to wear the Parachutist Badge and it directed that he immediately remove the Parachutist Badge and insignia from all uniforms.

The applicant was reassigned to Fort Lewis, Washington, where he arrived in May 1977.  The record indicates that the applicant went AWOL from his unit at Fort Lewis on 6 March 1978 and remained away for 28 days, until 3 April 1978.  He again departed his unit AWOL on 6 April 1978 and remained away for 
25 days until 30 April 1978.  On 19 May 1978, he accepted NJP for these periods of AWOL, which resulted in his being punished with a reduction in rank to private/E-2; a forfeiture of $150.00; and with 5 days of restriction and extra duty.

In May 1978 the applicant’s unit commander began processing the applicant for separation, under the provisions of Chapter 13, Army Regulation 635-200, by reason of unsuitability.  He cited the applicant’s time lost due to AWOL and his overall disciplinary record as the basis for taking the action.  The applicant consulted counsel, and after being advised of the basis for the contemplated separation action and of the rights available to him, he completed an election of rights.  In this statement he waived the following rights available to him:  consideration of his case by an administrative separation board; personal appearance before an administrative separation board; consulting counsel; and he elected not to submit a statement in his own behalf.  

On 30 May 1978, the appropriate separation authority approved the applicant’s separation and directed that he receive a general, under honorable conditions discharge.  Accordingly, on 6 June 1978, the applicant was discharged after completing 2 years, 4 months, and 9 days of active duty and having had accrued 54 days of time lost due to AWOL.  Block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or authorized) of the DD Form 214 issued the applicant at discharge recorded only the M-16 Rifle Expert Badge.  

Army Regulation 672-5-1 (Military Awards), in effect at the time, prescribed policy and criteria for individual military awards.  Paragraph 1-29 outlined the conditions that would authorized the revocation of Badges and sub-paragraph c (2) stated, in pertinent part, that any Parachutist Badge may be revoked if the member initiates action, during his initial airborne tour, which results in termination of his airborne status prior to completion of 18 consecutive months of airborne duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that the airborne duties he performed should be recognized in his DD Form 214 by adding the Parachutist Badge to the form.  However, after carefully examining the applicant’s record of service, the Board found no basis to grant the relief requested.

2.  The evidence of record clearly shows that the applicant initiated action to terminate his airborne status prior to completing the necessary 18 months of his initial airborne tour of duty.  Termination of the applicant’s airborne status and revocation of his Parachutist Badge was accomplished in accordance with regulations applicable at the time.  

3.  The Board found that the omission of the Parachutist Badge from the
DD Form 214 issued the applicant at his discharge was a proper and equitable action and was not the result of an error or injustice at the time.  Therefore, the Board concluded that a change to this document would not be appropriate at this time.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___  __mmd__  ___js____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029948	
SUFFIX		
RECON		
DATE BOARDED	2000/03/01	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 166	107.0120	
2.		
3.		
4.		
5.		
6.