IN THE CASE OF: BOARD DATE: 13 December 2012 DOCKET NUMBER: AR20110011681 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch (taken to mean a shoulder sleeve insignia-former wartime service (SSI-FWTS)). 2. He states he is entitled to these awards but his DD Form 214 was completed too early and these awards were omitted. 3. He provides no additional documentary evidence in support of this application. 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's military records show that he enlisted in the Regular Army on 30 July 2002. He completed training and was awarded the military occupational specialty of health care specialist. 3. He was honorably released from active duty on 3 August 2004 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years and 4 days of total active service. 4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period shows the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon. 5. His DA Form 2-1 (Personnel Qualification Record) shows the Army Service Ribbon and Global War on Terrorism Service Medal. This form does not show any foreign combat service. 6. His records do not contain any evidence that indicate he was ever awarded or authorized any Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch. 7. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. 8. Army Regulation 600-8-22 states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy. 9. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.” The regulation authorizes optional wear of the U.S. Army SSI of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only SSI approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. DISCUSSION AND CONCLUSIONS: 1. Army regulations state orders are the only verification acceptable for entering a decoration on a DD Form 214. There are no orders or sufficiently corroborating evidence to show he was ever awarded any Army Achievement Medals or the Combat Medical Badge. As such, he is not entitled to have these awards added to his DD Form 214. 2. There is no evidence he is authorized an SSI-FWTS. However, even if he is regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS (combat patch) on a DD Form 214. As such, there is no basis for adding this patch to his DD Form 214. 3. In view of the foregoing, there is an insufficient basis for granting the applicant's request. 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) AR20110011681 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011681 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1