IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080009907
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, in effect, correction of his military records to show award of a German Army Marksmanship Badge.
2. The applicant states that this award is not listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 September 1985, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 45K (Tank Turret Repairer).
3. On 2 April 1986, the applicant was assigned duty as a tank turret repairer with the 54th Support Battalion, in the Federal Republic of Germany. He performed his duties with this unit until 23 March 1988, when he returned to the United States for duty at Fort Carson, Colorado.
4. On 4 September 1989, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 4 years of creditable active duty.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awards or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, Army Lapel Button, Overseas Service Ribbon, Army Achievement Medal, and the Army Good Conduct Medal. It does not show award of any marksmanship badges.
6. Army Regulation 600-8-22 (Military Awards) provides in pertinent part, that commanders 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 of this regulation. The German Army Marksmanship Badge is listed in appendix D (Foreign Badges).
7. Army Regulation 600-8-22 further 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.
DISCUSSION AND CONCLUSIONS:
There is no available evidence of record and the applicant has not provided any substantiating evidence showing that he was awarded a German Army Marksmanship Badge, or that he was subsequently authorized to accept it. Therefore, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ 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.
__________ _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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080009907
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