IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080014890 


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 Certificate of Release or Discharge from Active Duty be amended to include the “German Parachutist Badge (Basic),” the “Italian Parachutist Badge (Basic),” and the Army Commendation Medal.

2.  The applicant states that at the time that he was processing out of the Army, all of his awards were not available for inclusion in his permanent military record.

3.  The applicant provides in support of his application, a note dated 19 August 2008, pertaining to his Application for Correction of Military Records; a copy of an Italian certificate showing that he qualified as a parachutist; a copy of a German certificate showing that he qualified as a parachutist; and a copy of a certificate awarding him the Army Commendation Medal.

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.  After completing 2 years and 4 months of net active service in the United States Navy, the applicant enlisted in the Regular Army in Fresno, California, on 1 September 1983.  He successfully completed his training as a parachute rigger.

3.  The available records show that on 27 May 1986, the applicant’s commander was notified by Headquarters, 1st Personnel Command, Chief, Awards Branch that the applicant was authorized to accept and wear the German Armed Forces Parachutist Badge.

4.  The available records show that he was honorably discharged on 23 March 1988, under the provisions of Army Regulation 635-200, chapter 16-2, due to a reduction in authorized strength, in the Fiscal Year 1988 Early Transition Program.

5.  The DD Form 214 that he was furnished at the time of discharge shows he was awarded the Army Service Ribbon, the Army Lapel button, the National Defense Service Medal, the Good Conduct Medal, the Army Achievement Medal (First Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), the Sharpshooter Marksmanship Qualification Badge w/Grenade Bar, and the Parachutist Badge.  However, the German Armed Forces Parachutist Badge was not included on his DD Form 214.

6.  The applicant reenlisted in the Army on 26 August 1989 and he was transferred to Saudi Arabia on 16 August 1990.  He returned to the Continental United States on 11 April 1991.

7.  On 24 August 1993, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, at the expiration of his term of service.

8.  The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal (Second Award), the Southwest Asia Service Medal w/two bronze service stars, the Kuwait Liberation Medal (Saudi Arabia) the Expert Marksmanship Qualification Badge (Rifle M-16), the Parachutist Badge, one Overseas Service Ribbon, the Army Good Conduct 

Medal, and the Noncommissioned Professional Development Ribbon.  The German Armed Forces Parachutist Badge was also included on his DD Form 214 that he was furnished during this period of service.

9.  A review of the available records does not show that a recommendation to award the applicant the Army Commendation Medal was ever approved or orders were ever published awarding him the Army Commendation Medal while he was a member of the United States Armed Forces.

10.  Further review of the applicant’s records fails to show that the applicant was ever granted authorization to accept and wear the Italian Parachutist Badge.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 (Military Awards) provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  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.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant misstated the actual name of the award in his request, his records show that he was authorized acceptance and wear of the German Armed Forces Parachutist Badge and this award was included on his DD Form 214 when he was discharged on 24 August 1993.  Therefore, there is no basis for amending his DD Form 214 to include an award that is already reflected.

2.  The Italian certificate that the applicant submitted in behalf of his application showing that he qualified as a parachutist has been noted.  However, there is no evidence in the available records, nor has he submitted any evidence that shows 

he was authorized to accept and wear the “Italian Parachutist Badge (Basic).”  Therefore, this award cannot be included on his DD Form 214.

3.  In regard to the applicant’s request to amend his DD Form 214 to show that he was awarded the Army Commendation Medal, there is no evidence in the available record that shows orders were ever published awarding him the Army Commendation Medal while he was a member of the United States Armed Forces.  Therefore, there is no basis for granting this portion of the applicant’s request.

4.  In order to justify correction of a military record the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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.




      _______ _  XXX _______   ___
               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)                                         AR20080014890



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ABCMR Record of Proceedings (cont)                                         AR20080014890



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