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ARMY | BCMR | CY2002 | 2002072120C070403
Original file (2002072120C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002072120


         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
Mr. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry Member
Ms. Gail J. Wire 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 correction of his records to show award of the French Forces Commando Badge.

3. The applicant states that he attended the French Commando School between 9 May 1977 and 27 May 1977 and successfully passed the course. He contends that he was awarded the badge, but it was not placed on his records.

4. The applicant’s military records show that he served initially in an enlisted status and later was promoted to chief warrant officer two. He was separated from active duty on 31 August 1993 for the purpose of retirement.

5. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the French Forces Command Badge as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. In support of his application, the applicant submitted a copy of a diploma from the Commander in Chief of French Forces in Germany. This certificate is authenticated by the Commandant of the Commando School and states the applicant completed the fifth stage of the course on 27 May 1977 and “has the right to wear the commando insignia.”

7. Army Regulation 600-8-2 (Military Awards) provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges which 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.

8. Army Regulation 600-8-2 provides in pertinent part, that commanders (overseas and in the continental United States) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D (Foreign Badges) of this regulation. The French Forces Commando Badge is listed in appendix D.

CONCLUSIONS:

1. The applicant completed the requirements of the French Commando Course on 27 May 1977 and was tendered a diploma which entitled him to permanent wear of the French Forces Commando Badge.

2. The Board noted that this foreign badge was not approved for acceptance, retention and wear by the appropriate general court-martial convening authority at the time of the applicant’s service in Germany.

3. The Board determined that the applicant met the requirements for award of the French Forces Commando Badge and for acceptance, retention and wear of this badge. Therefore, it is appropriate at this time to correct his records to shows award of the French Forces Commando Badge.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the French Forces Commando Badge and is entitled to acceptance, retention and permanent wear of the French Forces Commando Badge.

BOARD VOTE:

__GJW__ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Jennifer L. Prater_
                  CHAIRPERSON




INDEX

CASE ID AR2002072120
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002072120
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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