IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006513 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20130007798 on 13 March 2014. Specifically, he requests award of the Purple Heart for injuries he suffered during his service in the Republic of Vietnam. 2. As a new issue, the applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed airborne training and was awarded the Parachutist Badge. 3. The applicant states he suffered a concussion while serving in Vietnam. He contends the concussion occurred during a ground attack by sappers. He also contends he completed airborne training at Fort Benning, Georgia. 4. The applicant provides his 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 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 requesting reconsideration of his previous request for award of the Purple Heart, which was summarized and not favorably considered in ABCMR Docket Number AR20130007798, on 13 March 2014. His request for reconsideration was received on 10 April 2015. 3. Army Regulation 15-185 (ABCMR) sets forth the procedures for processing requests for the correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision. The staff of the ABCMR reviewed the applicant's request for reconsideration and determined the request was not received within 1 year of the ABCMR's original decision. In addition, he did not provide any new evidence and/or a new argument that was not considered during the previous adjudication of his request. As a result, his request for reconsideration does not meet the criteria outlined above and will not be discussed further in this Record of Proceedings. 4. The applicant was inducted into the Army of the United States on 21 March 1969. 5. Item 18 (Assignment Limitations) of his DA Form 20 (Enlisted Qualification Record) shows he was permanently disqualified from airborne training as of 11 August 1969. This entry suggests he did not complete the airborne training course. 6. There is no evidence in his available military records that shows he successfully completed airborne training or was awarded the Parachutist Badge. 7. He was honorably released from active duty on 30 October 1970. His DD Form 214 does not show he successfully completed airborne training or was awarded the Parachutist Badge. 8. 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. 9. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The version in effect at the time provided that in item 25 (Education and Training Completed), enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: There is no evidence in the applicant's available records that shows he successfully completed airborne training or was awarded the Parachutist Badge. To the contrary, his DA Form 20 shows he was permanently disqualified from participating in airborne training. Therefore, it is not clear that he completed the airborne training course. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20150006513 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006513 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1