IN THE CASE OF:	  

		BOARD DATE:	  6 January 2009

		DOCKET NUMBER:  AR20080012740 


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 records be corrected to show his service in support of Operation Provide Comfort (Kurdish Humanitarian Relief Effort) and that the British Parachute Wings be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that there was an error in posting his record.

3.  In support of his request, the applicant submitted a copy of a statement addressed To Whom it May Concern, dated 20 February 1993, and a copy of a certificate for award of the British Army Parachute Wings, dated 12 November 1992.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant enlisted in the U.S. Army Reserve on 7 July 1988.  On 22 June 1989, he enlisted in the Regular Army.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 71L, Administrative Specialist.

3.  The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 22 February 1991.

4.  The applicant was honorably released from active duty in the rank and pay grade of specialist, E-4 on 21 June 1993 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, at the expiration of his term of service.  On the date of his release from active duty, the applicant had completed 4 years of active military service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Army Achievement Medal, the Noncommissioned Officer Professional Development Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Parachutist Badge.  No other awards are shown on his DD Form 214.

6.  The applicant's service in support of Operation Provide Comfort between April and May 1991 has been recognized.  The applicant submitted a request to this Board and, as a result, he was awarded the Humanitarian Service Medal on 31 July 1996 in ABCMR Board Docket Number AC96-07591.  The applicant was notified of the correction to his records on 12 May 1997.  As part of the correction to his records, a DD Form 215, Correction to DD Form 214, was prepared and distributed on the same date.  In addition to the DD Form 215, the applicant was also provided a DA Form 1577, Authorization for Issuance of Awards.  Based on this evidence, additional correction to document the applicant's service related to the "Kurdish Humanitarian Relief Effort" will not be addressed further in this Record of Proceedings.

7.  The certificate for award of the British Army Parachute Wings is dated 1 November 1992.  The applicant's name is shown as recipient of this award.

8.  The British Army Parachute Wings are not shown in item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1, Personnel Qualification Record - Part II.

9.  There is no documentary evidence in the applicant's service personnel record that he was assigned or attached to the British Army and was awarded the British Army Parachute Wings.

10.  There is no documentary evidence in the applicant's service personnel record that he submitted a request to accept and to wear the British Army Parachute Wings.

11.  Army Regulation 635-5 (Separation Documents) states in pertinent part, the signature in item 21 indicates a Soldier has reviewed the form and accepts the information as being correct to the best of his/her knowledge.

12.  Army Regulation 672-5-1 (Military Awards), paragraph 7-11b, in effect at the time of the applicant's service stated, "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, or permanent wear of foreign badges listed in appendix D.  Any foreign badges not listed in appendix D will be forwarded to HQDA for approval.  This authority may not be further delegated."

DISCUSSION AND CONCLUSIONS:

1.  During the processing of the applicant's request, it was noted that the applicant submitted an earlier action to this Board and in his request at the time did not mention the British Army Parachute Wings.

2.  There is no evidence, and the applicant provided none, to show that he was assigned or attached to the British Army and that he participated in British airborne activities sufficient to earn him the British Army Parachute Wings.

3.  There is no evidence the applicant took action, if awarded the British Army Parachute Wings, to gain approval for the acceptance and wear of this award from the Army.

4.  There is no entry in item 9 of the applicant's personnel qualification record to show he submitted a copy of the award certificate to his unit personnel services office so that it could be posted to his record.  A copy of the certificate for this award was also not placed in his service personnel record to document him having received the British Army Parachute Wings.

5.  After the applicant was allegedly awarded the British Army Parachute Wings on 12 November 1992, he served on active duty for an additional 7 months and 9 days.  This period of time is considered ample for an individual to have proof of his having received an award from a foreign military service or government recorded or included in his service personnel record.

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)                                         AR20080012740



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ABCMR Record of Proceedings (cont)                                         AR20080012740



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