IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022699


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 item 13 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his authorized combat patches [correctly known as shoulder sleeve insignia-former wartime service (SSI-FWTS)].

2.  The applicant states he has orders authorizing the 1st Armored Division and 3rd Infantry Division SSI-FWTS.

3.  The applicant provides:

* two DD Forms 214 –

* 19871204-19941007
* 20020523-20041020

* General Orders Number 1, Headquarters, 1st Armored Division, Operation Desert Storm, dated 21 March 1991
* DA Form 2-1 (Personnel Qualification Record – Part II)

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 served two periods of service in the Regular Army.  During his first period of service, he participated in Operation Desert Storm from 24 December 1990 through 2 May 1991.  He received a copy of General Orders Number 1, Headquarters, 1st Armored Division, dated 21 March 1991, providing authorization to wear the 1st Armored Division SSI-FWTS.

3.  The applicant's DD Forms 214 do not reflect the 1st Armored Division SSI-FWTS in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that item 13 of the DD Form 214 is used to list awards and decorations.

5.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly-worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.  It states the SSI-FWTS qualifies as an insignia or accouterment.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  SSI-FWTS are not considered decorations and awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Forms 214 to include the 1st Armored Division and 3rd Infantry Division combat patches.

2.  SSI-FWTS is an insignia or accouterment and is not authorized for inclusion on the DD Form 214; it is a uniform-wear item.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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 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)                                         AR20100022699



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ABCMR Record of Proceedings (cont)                                         AR20100022699



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