RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070008113 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. William Blakely

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, permanent award of the Office of the Secretary of Defense (OSD) Identification Badge.

2.  The applicant states, in effect, that his assignment to the Department of Defense (DoD) Pentagon Force Protection Agency (PFPA) entitles him to award of the OSD Identification Badge.  He further states that organizational restructuring occurred without formally notifying assigned personnel of the impact of the changes, which preclude military personnel assigned to the PFPA from receiving the OSD Identification Badge.

3.  The applicant states, in effect, that awarding of the OSD Identification Badge for personnel assigned to the PFPA has been addressed repeatedly through the chain of command without resolution.

4.  The applicant provides the following documents in support of his application:  three PFPA Memoranda requesting authorization for permanent award and wear of the OSD Identification Badge, dated 9 December 2003, 10 January 2006, and 7 June 2006; DoD Instruction Number 1348.33 (Military Awards Program), dated 1 July 2004; DoD Directive Number 5105.68 (Pentagon Force Protection Agency), dated 3 May 2002; an extract from an internet web log (Blog); and a copy of an Electronic Mail (E-Mail) message.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an active duty sergeant first class (SFC) currently assigned to the Department of Defense (DoD), PFPA, Arlington, Virginia.  

2.  The applicant provides copies of memoranda addressed to the Department of Defense Director of Administration and Management, dated 9 December 2003, 
10 January 2006, and 7 June 2006, in which the Director of the PFPA requested the OSD Identification Badge be awarded to military personnel assigned to the PFPA.  He stated that military members assigned to the PFPA directly support the Office of the Secretary of Defense by protecting DoD personnel and property through security services, technical security countermeasures, antiterrorism /force protection and chemical, biological, radiological and nuclear monitoring and response.  He further stated the PFPA's sole mission is that of protecting the Pentagon, Pentagon Facilities, and the persons within the boundaries of those areas and therefore, he should be authorized to wear the OSD Identification Badge. 

3.  The applicant did not provide any documentation showing the response from the OSD Director of Administration and Management, although, he does indicate in his application that this request was repeatedly denied.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-37, states in pertinent part that the Office of the Secretary of Defense Identification Badge is authorized under title 10, USC, to provide a distinct identification of military staff members while assigned and, after reassignment, to indicate that the service member satisfactorily served on the Secretary of Defense's staff.  

5.  Department of Defense Manual 1348.33-M, dated September 1996 (Incorporating Change 1, September 18, 2006), provides guidance on the eligibility for temporary and permanent award of the OSD Identification Badge.  It states, in pertinent part, that service members are authorized permanent issuance of the OSD Identification Badge after having completed 1 year of duty with any of the organizational elements listed in C9.3.1.1 through C9.3.1.10.  It further stipulates service members must have satisfied the following criteria:  The service member must have been assigned to the permanent staff in an authorized billet charged against the OSD personnel ceiling on or after
31 January 1961, for no less than 1 year; or have been temporarily assigned with the OSD, approved by the OSD Director of Administration and Management (DA&M), for no less than 1 year (to include the OSD Fellowship Program).  

6.  DoD 1348.33-M identifies the following OSD elements as being eligible for the badge:  immediate Offices of the Secretary and Deputy Secretary of Defense, Office of the Under Secretaries of Defense, Offices of the Assistant Secretaries of Defense, Officer of the Comptroller of the Department of Defense, Office of the General Contractor of the DoD, The Office of the Inspector General of the DoD, the Offices of Assistant to or Deputy Secretary of Defense, the Office of Defense Advisor United States Mission to the North Atlantic Treaty Organization (NATO), the Offices of the Directors of Net Assessment, Operation Test and Evaluation, the Ballistic Missile Defense Organization, the Advance Research Project Agency, the Defense Security Assistance Agency, the Directorate of Administration and Management and the DoD Field Activities.

7.  The applicant's organization, the PFPA, does not appear on the eligibility list for the OSD Identification Badge.

8.  The applicant provided a copy of an email from a staff officer assigned to the OSD Directorate of Administration and Management regarding PFPA personnel wearing the OSD Identification Badge.  The officer, in effect, informed the applicant that there are numerous agencies in a similar situation that are not eligible to receive the badge.  He further states that each of the applicant's agency's requests for eligibility was received by the appropriate authority, taken into consideration, and disapproved in writing.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be granted permanent award of the OSD Identification Badge was carefully considered.  However, there is insufficient evidence to support his claim.

2.  The governing DoD directive states, in pertinent part, that the OSD Identification Badge is authorized for duty with the organizational elements identified in the directive.  The list of organizational elements listed in the DoD directive does not include the applicant's unit.  Further, as he indicates, his chain of command requested the addition of his organization to the list of organizational elements in the DoD directive and this request was denied by the appropriate DoD authority.  As a result, given members of his organization are not authorized the OSD Identification Badge, there is no basis to grant the requested relief.  

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

___HOF _  __WB___  __MJF___  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.




____Hubert O. Fry______
          CHAIRPERSON

INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.