IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170003000 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: 5 September 2018 DOCKET NUMBER: AR20170003000 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: * awarding him the Army Good Conduct Medal for the period from 27 February 1976 to 26 February 1979 in the rank of specialist four * adding to item 26 of his DD Form 214 – * Army Good Conduct Medal * Parachutist Badge ___________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: 5 September 2018 DOCKET NUMBER: AR20170003000 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 (Report of Separation from Active Duty) to show the Parachutist Badge and, in effect, all authorized awards. 2. The applicant states he completed the basic airborne course and then had 16 jumps with his unit. 3. The applicant provides – * U.S. Army Infantry School Airborne Course certificate * DA Form 1307 (Individual Jump Record) 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 27 February 1976. 3. Within his personnel record is Order 42-12 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 11 August 1976, showing the applicant was ordered to perform hazardous duty effective 26 July 1976. The additional instructions includes the sentence, "Individuals have completed training and qualified in the use of the MC1-1B Parachute." Further, his hazardous duty pay would continue until terminated by an appropriate authority. 4. A review of his personnel record shows no record of courts-martial or a commander’s disqualification statement pertaining to the Army Good Conduct Medal. 5. On 26 February 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He was issued a DD Form 214 showing he served 3 years active service and attained the rank of specialist four (SP4)/pay grade E-4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows two badges: * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45) 6. The applicant provided an Airborne Course Certificate showing he successfully completed the course receiving his diploma on 12 August 1976. In addition, he provided a copy of his DA Form 1307 certified by a personnel officer showing he successfully completed 16 airborne jumps at Fort Bragg, NC during the period from 24 September 1976 to 26 May 1978 while assigned to the 307th Medical Battalion. Further, this form shows he qualified as a parachutist on 11 August 1979. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. 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. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. A specified period includes 3 years of continuous active service completed after 27 August 1941. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. There can be no record of courts-martial. DISCUSSION: 1. The evidence shows the applicant was a qualified parachutist and performed duties as a paratrooper at Fort Bragg, NC. There is an order in his record authorizing him hazardous duty pay for airborne training starting on 26 July 1976. The certificate he provided and his DA Form 1307 both show his date of completion of airborne training was 11 August 1976. He met regulatory criteria for award of the Parachutist Badge, though it is not reflected on his DD Form 214. 2. He served honorably during the period from 27 February 1976 to 26 February 1979 attaining the rank of SP4. The evidence shows no record of courts-martial or a commander’s disqualification statement that would have disqualified him from the first award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003000 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003000 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2