BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001422 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: 10 August 2017 DOCKET NUMBER: AR20160001422 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: a. awarding him the Parachutist Badge effective 25 January 2013, b. amending his DD Form 214 to show in: * item 13, the entry “Parachutist Badge” * item 14, the entry "Airborne Course, 3 Weeks, 2013" ______________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: 10 August 2017 DOCKET NUMBER: AR20160001422 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Parachutist Badge. 2. The applicant states his Parachutist Badge is not reflected in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. 3. The applicant provides: * Orders 9-3014, issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA on 9 January 2013 * Airborne Course Diploma, dated 25 January 2013 * DA Form 1307 (Individual Jump Record), dated 25 January 2013 * Cameron County Veterans Service Office cover letter (not dated) 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 enlisted in the Regular Army on 26 October 2009. He completed his initial entry training and was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic). 3. Orders 9-3014, issued by Headquarters, U.S. Army Maneuver Center of Excellence on 9 January 2013, shows the applicant was issued hazardous duty orders to perform parachute duty during Airborne School from 4 January 2013 to 25 January 2013. 4. Orders 105-01, issued by Headquarters, 503d Military Police Battalion (Airborne) on 15 April 2013, shows the applicant was issued hazardous duty orders to perform parachute duty at his unit of assignment with an effective date of 15 April 2013. 5. The applicant was discharged from service under honorable conditions (general) on 20 January 2014. His DD Form 214 does not show he was awarded the Parachutist Badge. His DD Form 214 does not show he attended the Airborne Course. In addition, he was not available to authenticate the DD Form 214. 6. The applicant's record is void of evidence that shows he was awarded the Parachutist Badge, or orders to revoke the Parachutist Badge. However, his enlisted records brief (ERB), dated 21 January 2014, shows he completed the Airborne Course in 2013. 7. The applicant provides: a. A copy of his Airborne Course Diploma, which shows he completed Airborne training at Fort Benning, GA on 25 January 2013. b. A DA Form 1307, dated 25 January 2013, which shows a record of proficiency airborne jumps performed during Airborne training. However, the applicant's name is not listed on the form. REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents), prescribed the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of released from active duty, retirement, or discharge. a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) requires the preparer to list all federally recognized awards and decorations for all periods of service. b. Item 14 (Military Education) requires the preparer to list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the 214 of at least one week or 40 hours duration. Include course title, length in weeks, and year completed. This information was intended to assist the Soldier in job placement and counseling; therefore, combat skills were not listed. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the ERB, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificates of completion with from and through dates or number of weeks. DISCUSSION: 1. The applicant provided acceptable source documents as evidence that shows he completed the required proficiency tests during the Airborne Course and he graduated on 25 January 2013. He was subsequently placed on hazardous duty orders to perform parachute duty at his unit of assignment. He should have been awarded the Parachutist Badge; however, his record does not contain orders for the badge and the badge is not listed on his DD Form 214. 2. The applicant's Airborne Course Diploma confirms he completed the course during the period of service covered by his DD Form 214. The course was at least one week or 40 hours in duration; however, it is not listed 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001422 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2