IN THE CASE OF:	  

		BOARD DATE:	  	  5 February 2009

		DOCKET NUMBER:  AR20080018129 


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 discharge document to show award of the French Commando Badge.

2.  The applicant states, in effect, he was awarded the French Commando Badge while assigned to the 1140th U.S. Army Signal Battalion, Berlin Brigade, West Berlin, Germany.  He adds the badge reflects the diversity and awareness of the different military forces and their ability to mutually achieve military objectives.  The applicant also states that it is important to him and his family to have all of his achievements and contributions properly documented in his military records.

3.  The applicant provides a copy of a Commander in Chief, French Forces, French Sector in Berlin, Commando Certificate (in French), dated 3 June 1985; and DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 4 April 1991.

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’s military personnel records show that on 9 March 1984, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 6 years.  On 5 April 1984 he was discharged from the DEP and on 6 April 1984, he enlisted in the Regular Army for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 32D (Station Technical Controller), which was subsequently re-designated as MOS 31N.

3.  The applicant’s military personnel records contain a copy of Headquarters,
1st Personnel Command (Germany), letter, dated 20 August 1985, subject:  Foreign Awards, that shows the Chief, Awards Branch, authorized the applicant to accept and wear the French Armed Forces Commando Badge awarded on
1 June 1985.  This document also directs that the award will be recorded on the DA Form 2-1 (Personnel Qualification Record) and the letter filed in the individual’s Military Personnel Records Jacket (MPRJ) in accordance with governing Army regulations.

4.  The applicant's MPRJ contain a DA Form 2-1.  

   a.  Item 5 (Oversea Service), in pertinent part, shows the applicant served in U.S. Army, Europe (USAREUR) in Germany from 20 January 1985 through
14 October 1986.

   b.  Item 9 (Awards, Decorations and Campaigns), in pertinent part, shows he was authorized the French Commandos (sic) Badge.

   c.  Item 35 (Record of Assignments), in pertinent part, shows he was assigned to U.S. Army Signal Support Company, Berlin Brigade (Germany) from
20 January 1985 to 13 October 1986.

5.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty on 6 April 1984.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (1st Oak Leaf Cluster), Good Conduct Medal (2nd Award), National Defense Service Medal, Army of 


Occupation Medal, Noncommissioned Officer Professional Development Ribbon, 
Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  The DD Form 214 also shows the applicant was honorably discharged on 4 April 1991 based on expiration term of service.  At the time he had completed 6 years, 11 months, and 29 days of net active duty this period; 27 days of prior inactive service; and 4 years, 11 months, and 20 days of foreign service.

6.  In support of his application, the applicant provides a copy of a Commander in Chief, French Forces, French Sector in Berlin, Commando Certificate (in French), dated 3 June 1985, that indicates the applicant was awarded Commando Certificate Number 9971 for operations in Berlin during the period 13 May to
1 June 1985.

7.  Army Regulation 600-8-22 (Military Awards) 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 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.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military records.

8.  Army Regulation 600-8-22 provides, in pertinent part, that commanders (overseas and continental United States) 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.  This authority may be further delegated to commanders charged with custody of military personnel record files.

9.  Army Regulation 600-8-22, Table D-1 (Foreign Badges), in pertinent part, lists the French Forces Commando Badge as an authorized foreign badge that delegated commanders may approve for acceptance, retention, and permanent wear by a Soldier.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, 
discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

11.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 state that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the French Forces Commando Badge.

2.  The evidence of record shows the applicant received a Commander in Chief, French Forces, French Sector in Berlin, Commando Certificate, dated 3 June 1985, that shows he was awarded Commando Certificate Number 9971 for operations in Berlin during the period 13 May to 1 June 1985.  The evidence of record also shows that an appropriate Army official authorized the applicant to accept and wear the French Forces Commando Badge and also directed the badge be recorded in the applicant’s military personnel record.  The evidence of record further shows that the French Forces Commando Badge is authorized to be entered in Item 13 of the DD Form 214.  Therefore, it would be appropriate to correct the applicant’s discharge document to show award of the French Forces Commando Badge.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 13 of his DD Form 214 the French Forces Commando Badge.



      __________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)                                         AR20080018129



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ABCMR Record of Proceedings (cont)                                         AR20080018129



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