BOARD DATE: 17 July 2018 DOCKET NUMBER: AR20160016181 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: 17 July 2018 DOCKET NUMBER: AR20160016181 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 removing the Parachutist Badge and adding the Army Commendation Medal to his 1991 DD Form 214. ____________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: 17 July 2018 DOCKET NUMBER: AR20160016181 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the Parachutist Badge and adding the Army Commendation Medal. 2. The applicant states he did not complete the training requirements for the Parachutist Badge due to injuries, yet it is shown on his DD Form 214. While in airborne school he was injured twice, once during the first week and then during the second week. After the second injury he was examined in the hospital and released. He then withdrew from the course without completing it. Based on these facts, the Parachutist Badge should be removed from his DD Form 214. Permanent orders awarded him the Army Commendation Medal and it should be added to his DD Form 214. 3. The applicant provides his DD Form 214 and Permanent Order 87-9 dated 26 August 1991. 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. With prior enlisted service, the applicant was commissioned a Reserve officer. He entered active duty on 17 September 1988. 3. Permanent Order 87-9 dated 26 August 1991 awarded the applicant the Army Commendation Medal for meritorious service from 17 February 1989 to 14 September 1991. 4. On 17 September 1991 he was honorably released from active duty. He was issued a DD Form 214 that shows among his authorized awards the Parachutist Badge. The Army Commendation Medal is not shown. 5. A review of the applicant’s official military personnel record failed to find the permanent order awarding the Parachutist Badge. 6. The U. S. Army Fort Benning and The Maneuver Center of Excellence, formerly the U.S. Army Infantry Center, is the proponent school for the basic airborne course. A review of their records shows the applicant did not complete the course, Class 89-15, due to an injury. The class dates were from 3 February to 24 February 1989. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides the following policy guidance concerning awards, decorations and service medals. a. 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. b. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations, badges and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. Permanent orders awarded the applicant the Army Commendation Medal which was omitted from his DD Form 214. 2. As the applicant stated and as confirmed by a representative at Fort Benning, the applicant did not complete the requirements for the basic airborne course due to injuries. Therefore, no orders were published awarding him the Parachutist Badge. It appears the Parachutist Badge was erroneously added to his discharge document without verification of orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016181 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016181 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2