BOARD DATE: 15 January 2013 DOCKET NUMBER: AR20120011586 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 the Navy Command at Sea Insignia be removed from his 3 February 2007 DD Form 214. 2. The applicant states it has been determined by the appropriate authority at Naval Operations that he was not authorized this award. 3. The applicant refers to Naval Military Personnel Manual in support of his request. 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 record shows he served in various capacities in the U.S. Army Reserve and Army National Guard between 2 August 1974 and 1 August 2012 when he was transferred to the Retired Reserve. 3. On 22 September 2004, the applicant entered active duty in support of Operation Iraqi Freedom, and he served in Kuwait/Iraq from 27 September 2005 through 25 September 2006. He served 2 years, 4 months, and 12 days until 3 February 2007, at which time he was honorably released from active duty by reason of completion of required active service. The DD Form 214 he was issued includes the U.S. Navy Command at Sea Insignia in the list of earned awards. 4. The applicant's Army Military Human Resource Record, previously known as the Official Military Personnel File, is void of orders or any other document authorizing award of the Navy Command at Sea Insignia. 5. The Naval Military Personnel Manual sets forth direction and guidance, contains policy, rules, and practices for administration of military personnel within the Navy. Paragraph 1210-170 provides guidance on the Command at Sea Insignia. It states, in pertinent part, that it is authorized to Navy commanders in the grade of captain and junior. 6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. It states, in effect, that all awards must be approved by the proper Army awards approval authority. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to remove the U.S. Navy Command at Sea Insignia from his 3 February 2007 DD Form 214 has been carefully considered and found to have merit. 2. The governing Navy regulation appears to limit the award of the insignia in question to Navy commanders. Further, there is no evidence the award was approved to be added to the applicant's DD Form 214 by the proper Army award approval authority. As a result, it would be appropriate to remove the award from his DD Form 214. BOARD VOTE: ___X_____ ___X_____ _X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending his 3 February 2007 DD Form 214 by deleting the U.S. Navy Command at Sea Insignia. _______ _ 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) AR20120011586 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011586 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1