IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017779 


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 award of the German Armed Forces Proficiency Badge in Silver be added to his DD Form 214.

2.  The applicant states he was awarded the German Forces Proficiency Badge in Silver; however, it was omitted from his DD Form 214.

3.  The applicant provides a copy of the certificate awarding him the German Armed Forces Proficiency Badge in Silver and the approval by the U.S. Army Human Resources Command, Alexandria, Virginia, to accept and wear the foreign badge.

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 in Philadelphia, Pennsylvania, on 1 June 2000 for a period of 3 years, training as an electronic warfare intercept systems repairer, a cash enlistment bonus, and the Student Loan Repayment Program.

3.  He underwent his advanced individual training at Fort Huachuca, Arizona, and while there was awarded the German Armed Forces Proficiency Badge in Silver by the German Army Liaison Staff.  The award was approved for acceptance and wear by the Awards and Decorations Branch, U.S. Army Human Resources Command.

4.  He completed training and was transferred to Fort Irwin, California, for his only duty assignment.  He was promoted to pay grade E-5 on 21 June 2002 and on 31 May 2003 he was honorably released from active duty due to completion of required service.

5.  His DD Form 214 issued at the time of his separation shows he was awarded the Army Commendation Medal, the Army Achievement Medal (5th Award), the Army Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.

6.  Army Regulation 600-8-22 (Military Awards) states individual foreign decorations may be accepted if awarded in recognition of meeting the criteria as established by the foreign government concerned for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of the host country, then the decoration may only be accepted and worn by U.S. Army enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the German Armed Forces Proficiency Badge in Silver and the award was properly approved by Department of the Army officials in accordance with the applicable regulation.

2.  Accordingly, he is entitled to have that award added to his DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 his award of the German Armed Forces Proficiency Badge in Silver to his DD Form 214 dated 31 May 2003.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100017779



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ABCMR Record of Proceedings (cont)                                         AR20100017779



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