RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008
	DOCKET NUMBER:  AR20080000098 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. Sabree

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 reinstatement of her Explosive Ordnance Disposal (EOD) Badge. 

2.  The applicant states that she did not initiate the action to revoke her EOD Badge as stated on the DA Form 4187 (Personnel Action), dated 29 November 2007.

3.  The applicant provided a copy of DA Form 4187, dated 29 November 2007; a self-authored letter, dated 21 December 2007; a copy of DA Form 638 (Recommendation for Award), dated 29 October 2007; and several letters of recommendation from commissioned, warrant, and noncommissioned officers and Soldiers, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Regular Army on 12 July 2005 for a period of 4 years.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 89D (Explosive Ordnance Disposal Specialist).  The highest rank she attained during her military service was specialist (SPC)/E-4.

2.  The applicant's awards and decorations include the Army Service Ribbon, the National Defense Service Medal, the Army Commendation Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Combat Action Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).   

3.  Department of the Army, Explosive Ordnance Disposal Training Detachment, Eglin Air Force Base, Florida, Permanent Order 179-009, dated 28 June 2006, shows that the applicant was awarded the EOD Badge for successful completion of mandatory training, effective 29 June 2006, in accordance with paragraph 8-19 of Army Regulation 600-8-22 (Military Awards). 

4.  The applicant's records reveal a disciplinary history which includes her acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 24 September 2007 for violating the lawful command of a lieutenant general by, in effect, refusing to provide testimony concerning alleged acts in her unit.  Her punishment consisted of 

reduction to the grade of private/E-1, forfeiture of $650.00 pay per month for two months (one month suspended until 23 March 2008) and 45 days of extra duty (suspended until 23 March 2008).

5.  On 29 November 2007, the applicant’s brigade commander initiated a DA Form 4187 “terminating her explosive ordnance disposal status prior to the completion of 18 consecutive months of explosive ordnance disposal duty” and terminating her “EOD Badge” effective 3 October 2007.  At the time of termination, she had completed 14 months in an EOD position.

6.  The applicant's records do not contain permanent orders revoking her EOD Badge. 

7.  The applicant submitted several letters of recommendation from Soldiers, commissioned, noncommissioned, and warrant officer, all commenting favorably on her professionalism, technical ability, and value to the Army as an EOD specialist.

8.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards, decorations, and badges.  Chapter 8 provides that combat and special skill badges are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training.  This chapter prescribes the requirements for award of the EOD Badge.

9.  Paragraph 1-31c(7)(c) of Army Regulation 600-8-22 states, in pertinent part, that commanders authorized to award combat and special skill badges are authorized to revoke such awards.  Any Explosive Ordnance Disposal Badge may be revoked when the awardee:  is convicted by court-martial for refusal to participate in explosive ordnance disposal operations; is, upon the determination of the commander having authority to award the badge, found to be guilty of gross negligence in the performance of assigned explosive ordnance disposal duties or a flagrant violation of EOD safety procedures or regulation; or when the awardee initiates, in his or her initial tour of explosive ordnance disposal duty, action which results in termination of his or her explosive ordnance disposal status prior to the completion of 18 consecutive months of explosive ordnance disposal duty.


DISCUSSION AND CONCLUSIONS:

1.  The applicant accepted nonjudicial punishment under Article 15, UCMJ, for failing to obey the command of a lieutenant general.

2.  The applicant was within the initial 18-month period of her explosive ordnance disposal duties.  Her acceptance of nonjudicial punishment for an act of indiscipline was the causative factor in initiation of the request to revoke her EOD status and badge.  While she, herself, did not initiate the DA Form 4187, her indiscipline initiated the action.

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.

4.  In view of the foregoing, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __rml___  __qas___  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.




							William D. Powers
______________________
          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.