IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080011207
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 that his separation document, DD Form 214, be corrected to add the Sch?tzenschnur in Bronze and the Army Commendation Medal (ARCOM).
2. The applicant states that he recently noticed that these awards are missing from his DD Form 214.
3. The applicant provides his separation document, a German document which mentions the Sch?tzenschnur in Bronze, and Permanent Order 43-3 dated 26 June 1978 which awards the applicant the ARCOM.
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. The applicants military records show that he enlisted in the Regular Army on 13 February 1975, was promoted to pay grade E-4, and was honorably released from active duty on 7 February 1978.
3. The DD Form 214 he was issued shows that he was only awarded the Expert Marksmanship Badge with Rifle Bar.
4. Army Regulation 600-8-22, paragraph 926, Foreign Badges, states that 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 that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges that 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. Of particular importance are the criteria established by the military department of the host country; for example, if a particular badge is authorized for award only to enlisted personnel of host country then the badge may be accepted and worn by U.S. Army enlisted personnel. Commanders (overseas and CONUS) 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. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge. Any foreign badges not listed in Appendix D will be forwarded to USA HRC, ATTN: AHRCPDOPA, Alexandria, VA 223320471, for approval. Badges presented to Army personnel that do not fall under the category of qualification or special skill badges discussed in a above (honorary badges, identification devices, insignia) will be reported in accordance with AR 1100, paragraph 6. Badges in these categories are considered gifts. They will not be authorized for wear nor entered in official military personnel records.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the ARCOM. As such, he is entitled to have this award added to his DD Form 214.
2. However, there is no evidence that the Sch?tzenschnur in Bronze meets the criteria for acceptance outlined in Army Regulation 600-8-22, nor is there any evidence that it was approved for acceptance, retention, and permanent wear as a foreign badge. As such, there is insufficient evidence in which to grant this portion of the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ __X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding the ARCOM.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Sch?tzenschnur in Bronze to his DD Form 214.
_______ _ 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) AR20080011207
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ABCMR Record of Proceedings (cont) AR20080011207
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