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ARMY | BCMR | CY2001 | 2001056022C070420
Original file (2001056022C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 July 2001
         DOCKET NUMBER: AR2001056022


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Melvin H. Meyer Member
Mr. Terry L. Placek Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he was awarded the Army Staff Identification Badge. He also requests that, reference item 20 of his DD Form 214, the corrected copy of his DD Form 214 be sent to his state of residence, Ohio vice Virginia.

3. The applicant states that he did not notice the errors at the time the DD Form 214 was prepared.

4. The applicant’s military records show that he entered active duty as a commissioned officer on 8 January 1978. His Officer Record Brief and a Command Memorandum dated 1 February 1995 show that he was detailed to duty on the Army General Staff, as a Public Affairs Officer with the Office of Public Affairs, effective 22 July 1994. A certificate issued 21 July 1995 shows he was authorized to wear the Army Staff Identification (Badge). He retired early on 1 November 1995. Apparently his family was residing in Ohio at least as of 24 October 1995, the date he completed the Data for Payment of Retired Personnel, DD Form 2656. Item 20 of his DD Form 214 shows that a copy of it was sent to the Virginia Director of Veterans Affairs. The Army Staff Identification Badge is not listed in item 13.

5. Army Regulation 600-8-22 states that in order for a commissioned officer to be eligible for the Army Staff Identification Badge, effective 29 May 1985 he or she must serve not less than 1 year while detailed to duty in the Office of the Secretary of the Army or the Army Staff and assigned to permanent duty in a designated position on an Active Army Table of Distribution and Allowances. The officer must demonstrate outstanding performance of duty and be recommended by the head of the Army Staff agency to be eligible to wear the Army Staff Identification Badge as a permanent part of the uniform.

6. Army Regulation 635-5 states that item 20 of the DD Form 214 will be completed by inserting the State requested by the member and placing an “X” in the appropriate “yes” or “no” block. This is meant to aid in speeding up the processing of any available State veteran’s benefits.

CONCLUSIONS:

1. The evidence of record shows that the applicant met the eligibility requirements for award of the Army Staff Identification Badge and that he was awarded it but it is not listed on his DD Form 214.

2. There is no evidence of record to show that the applicant did not request that a copy of his DD Form 214 be sent to the Virginia, rather than the Ohio, Director of Veterans Affairs although it appears his family was living in Ohio at the time of his retirement. Since item 20 of the DD Form 214 is meant to aid in speeding up the processing of any available State veteran’s benefits, to change this item at this late date to read Ohio would provide no meaningful benefit. The Board will not make this correction.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214 to add the Army Staff Identification Badge.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__mkp___ __mhm___ __tlp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001056022
SUFFIX
RECON
DATE BOARDED 20010712
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.04
2.
3.
4.
5.
6.


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