IN THE CASE OF:	 

		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090019155


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected as follows:

* in block 9 (Command to Which Transferred), add "42ND TAC CMD POST TAC (X47A1-319) 321 MANOR ROAD STATEN ISLAND NY 10314"
* in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), add "GERMAN ARMED FORCES PROFICIENCY BADGE"
* in block 14 (Military Education), add "COMBATIVES TRAINER COURSE, LEVEL 1"

2.  The applicant states his DD Form 214 was completed before he received his Combatives Trainer Course certificate and the German Armed Forces Proficiency Badge was inadvertently left off his DD Form 214.

3.  The applicant provides:

* a Combatives Trainer Course certificate
* a Certificate of Achievement awarding him the German Armed Forces Proficiency Badge

CONSIDERATION OF EVIDENCE:

1.  The applicant is a New York Army National Guard (NYARNG) commissioned officer.  During the period 15 April 2009 to 23 July 2009 he was on active duty for training (ADT) and received a DD Form 214.  When he was released from active duty, he was transferred back to his unit, the 42d Infantry Division Tactical Command Post 2.  This information is listed in item 18 (Remarks) of his DD Form 214.

2.  While on ADT, the applicant completed the 40-hour Combatives Trainer Course Level 1 for which he received a training certificate.  He also received a certificate of achievement awarding him the German Armed Forces Proficiency Badge.

3.  Army Regulation 600-8-22 (Military Awards) lists in appendix D foreign badges authorized for acceptance and wear on the Army uniform.  The German Armed Forces Proficiency Badge is shown in appendix D.  However, the regulation states commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded the badge.

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation of the DD Form 214.  It states:

	a.  for block 9, the applicable location dependent on the Soldier's status on transition will be entered;

	b.  for block 13, list awards and decorations for all periods of service in the specified priority sequence;

	c.  for block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This entry is obtained from the Soldier's records and includes the course title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in DA Pamphlet 351-4 (The Army Formal Schools Catalog) to determine its usefulness to the Soldier after transitioning from the Army; and
	d.  for block 18, use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries in other blocks.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to the requested relief.

2.  The block 9 entry was too large for the space and the preparer of the DD Form 214 placed it in block 18.  There is no error.

3.  The applicant has a certificate of achievement awarding him the German Armed Forces Proficiency Badge, and this badge is an approved badge listed in appendix D to Army Regulation 600-8-22.  However, the regulation requires approval from brigadier general or higher commanders or colonel-level commanders who exercise general court-martial authority.  The applicant has not provided such approval and approval is not in his records.  He should, therefore, go through his chain of command and request approval to wear and have the badge placed in his records.

4.  The applicant's completion of the 40-hour Combatives Trainer Course is considered training for combat skills and, as such, it is not listed on his DD Form 214.

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)                                         AR20090019155



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ABCMR Record of Proceedings (cont)                                         AR20090019155



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