IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150013042 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 IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150013042 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 adding the Parachutist Badge to his DD Form 214 for the period ending 26 August 1974. ___________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. IN THE CASE OF: BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150013042 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 that his Parachutist Badge be shown on his DD Form 214. 2. The applicant states, in effect, that he completed 8th Infantry Division Airborne School but his Parachutist Badge is not shown on his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and copy of his 8th Infantry Division Airborne School completion certificate showing a completion date of 26 April 1973 signed by the commandant of the Airborne School. 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’s DD Form 214, box 16a, shows he was awarded military occupational specialty (MOS) 95B, military police, with special qualification identifier (SQI) “P” for parachutist. 3. The applicant’s Official Military Personnel Record (OMPF) contains Orders 127, Headquarters, 8th Infantry Division, dated 7 May 1973, showing he graduated from airborne class 73-3, was awarded hazardous duty SQI “P,” and was authorized to wear the Parachutist Badge. 4. His DD Form 214 shows that he was discharged from the 101st Airborne Division. REFERENCES: Army Regulation 672-5-1 (Military Awards), paragraph 5-14, in effect at the time, states the Parachutist Badge may be awarded to any individual that satisfactorily completes the prescribed proficiency tests while assigned or attached to an airborne unit. DISCUSSION: Orders 127, Headquarters, 8th Infantry Division, dated 7 May 1973, show the applicant was authorized to wear the Parachutist Badge and the badge was not entered on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013042 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013042 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2