IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013110 


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 to be awarded the following awards:  

* Scuba Diver Badge (Renamed as the Special Operations Diver Badge)
* Turkish Commando Badge
* Military Assistance Command - Vietnam (MACV) Presidential Unit Citation
* Cold War Certificate

2.  The applicant states he was awarded a scuba diploma and served on a scuba team for about 5 years in the Special Forces.  He was also in charge of two scuba training exercises, one for the 5th Special Forces Group and the second for the 19th Special Forces Group (Reserve).  He adds that he was awarded a Turkish Commando Badge by a Turkish general officer.  He also states he was assigned to the MACV - Studies and Observation Group (SOG) from 5 January 1968 to 5 January 1969 in Vietnam.  And finally, he served in Germany from 1959 to 1962 and he should receive the Cold War Certificate.

3.  The applicant provides a foreign diploma, a photograph, and a certificate of initiation in the Loyal Order of Divers.

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 is a retired master sergeant (MSG) who initially entered active service on 31 July 1958.  He served in various staff and leadership positions within and outside the continental United States, in military occupational specialty 11B.  His records show he completed the following periods of foreign service:

* Germany, from 16 May 1959 to 25 August 1962, assigned to 7th U.S. Army Quartermaster Company and to the 511th Quartermaster Company
* Vietnam, from 14 December 1965 to 2 January 1967, assigned to Company D, 5th Special Forces Group (Airborne), 1st Special Forces
* Vietnam, from 12 January 1968 to 8 January 1969, assigned to Headquarters and Headquarters Company, 5th Special Forces Group (Airborne), 1st Special Forces

3.  He was honorably retired on 28 February 1979 and he was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 March 1979.  He was credited with 20 years, 6 months, and 28 days of active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 28 February 1979, as corrected by a DD Form 215 (Correction to DD Form 214), dated 10 May 2008, show the following awards:

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal with one silver service star and two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Presidential Unit Citation (Army)
* 
Meritorious Unit Commendation
* Army Good Conduct Medal (6th Award)
* Parachutist Badge
* Presidential Unit Citation (Navy)
* Ranger Tab
* Special Forces Tab
* Meritorious Service Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  There is no indication in his records in the form of a diploma or a DA Form 1059 (Service School Academic Evaluation Report) that shows he completed an approved combat diver qualification course.  Additionally, item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) does not list completion of an approved combat diver qualification course.

6.  There is no indication in his records he submitted the foreign document that he claims awarded him the Turkish Commando Badge to the appropriate officials for consideration.

7.  There is no indication in his records he was assigned to the MACV Studies and Observation Group in Vietnam or that MACV - SOG was awarded the Presidential Unit Citation during his service in Vietnam.

8.  He submitted a certificate inducting/initiating him as a Loyal Order of Divers as of 27 April 1964, a foreign certificate, and a photograph of an individual pinning on a medal or a ribbon on a Soldier.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Scuba Diver Badge was renamed the Special Operations Diver Badge.  The Special Operations Diver Badge is awarded to graduates of the U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) Combat Diver Qualification Course (CDQC), Special Forces Underwater Operations, Key West, FL or any other U.S. Army Special Operations Command (USASOC) approved combat diver qualification course.  The Commanding General, USAJFKSWCS is the approval authority for the Special Operations Diver Badge.  The Special Operations Diver Badge may be awarded retroactively to members of any service who successfully completed the USAJFKSWCS CDQC on or after 1 October 1964.  Retroactive award requests will be submitted to the Commander, USA JFKSWCS, ATTN: AOJK–GPB (C/21 SWTG LNO), Fort Bragg, NC 28310.  

	b.  Chapter 9 states 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.  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 of this regulation.  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.  Appendix D does not list the Turkish Commando Badge as an authorized foreign badge.  Any foreign badges not listed in Appendix D will be forwarded to U.S. Army Human Resources Command (USAHRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, for approval.

	c.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

10.  Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. The Cold War Recognition System home-page announces the program and provides instructions for individual requests and may be reviewed at the following address:  Commander, U.S. Army Human Resources Command (USAHRC), Cold War Recognition Program, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 or at web address: https://www.hrc.army.mil/site/Active/TAGD/coldwar/default.htm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Special Operations Diver Badge, Turkish Commando Badge, MACV - SOG Presidential Unit Citation, and the Cold War Certificate.

2.  With respect to the Special Operations Diver Badge, there is no evidence in his records and he did not provide sufficient evidence that shows he graduated from the USAJFKSWCS CDQC, Special Forces Underwater Operations, Key West, FL, or any other USASOC approved combat diver qualification course, or that he was recommended by his chain of command or received approval from the Commanding General, USAJFKSWCS for this award. 

3.  With respect to the Turkish Commando Badge, the document he submitted is in a foreign language.  Additionally, the Turkish Commando Badge is neither listed as an approved foreign award in Appendix D of Army Regulation 600-8-22 nor does his record indicate he submitted this document to the appropriate officials for consideration and/or approval as it is common within the Special Forces community.

4.  With respect to the Presidential Unit Citation, there is no evidence that he was assigned to MACV- SOG in Vietnam or that MACV - SOG was awarded the Presidential Unit Citation during his service in Vietnam.

5.  With respect to the Cold War Recognition Certificate, the issue of this certificate is not within the ABCMR's authority.  The Cold War Recognition Certificate is not a recognized award and cannot be added to a Soldier's
DD Form 214.  The applicant is advised to submit his request to the addressees referenced in paragraph 11 of the Consideration of Evidence of these proceedings.

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)                                         AR20100013110



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ABCMR Record of Proceedings (cont)                                         AR20100013110



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