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ARMY | BCMR | CY2008 | 20080010869
Original file (20080010869.txt) Auto-classification: Denied

		IN THE CASE OF:    

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080010869 


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 award of the shoulder sleeve insignia for former wartime service for creditable combat operational deployment to the Central Command (CENTCOM) area of responsibility during February/March 1998 (Operations Northern Watch and Desert Thunder).

2.  The applicant states that Soldiers participating in the deployment received combat/imminent danger pay, federal tax exclusion, and award of the Armed Forces Expeditionary Medal.  He contends that these criteria meet the conditions for award of the shoulder sleeve insignia for former wartime service according to Army Regulation 670-1, paragraph 28-17.

3.  The applicant provides copies of deployment orders and Department of the Army message #99-228 (award of the Armed Forces Expeditionary Medal).

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of lieutenant colonel.

2.  The applicant’s military records are not available to the Board.    

3.  The applicant provided a DD Form 1610 (Request and Authorization for TDY [Temporary Duty] Travel of DOD [Department of Defense] Personnel, dated 
2 February 1998, which shows he was TDY to Southwest Asia for approximately 179 days.

4.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  
In pertinent part, it states authorization to wear a shoulder sleeve insignia indicating former wartime service applies only to Soldiers who are assigned to 
U. S. Army units which meet all the following criteria:  (1) the theater or area of operation to which the unit is assigned must have been declared a hostile environment; (2) the units must have actively participated in or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire either directly or indirectly; (3) the military operation normally must have lasted for a period of 30 days or longer; and (4) the authorization for wear must be approved by the Chief of Staff of the Army.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record which shows the Chief of Staff of the Army authorized the shoulder sleeve insignia for former wartime service for wear for Operations Northern Watch and Desert Thunder.  It would not be appropriate for the Board to usurp the authority of the Chief of Staff of the Army in this matter.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____xx__  __xx____  ___xx___  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.




      _______ _   _______   ___
               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)                                         AR20080010869





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ABCMR Record of Proceedings (cont)                                         AR20080010869



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