IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100016623
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2006 to show award of the Schutzenschnur in Silver German Weapon's Qualification Badge [correctly known as German Army Marksmanship Badge (Schutzenschnur) in Silver] instead of the German Fireman Qualification Badge Silver.
2. He states, in effect, that his discharge document does not reflect the correct award.
3. He provides his DD Form 214; a certificate for the German Army Marksmanship Badge (Schutzenschnur) in Silver which is written in German, dated 24 November 1999; an undated memorandum to the Commander, 615th Military Police Company; and a memorandum from the Army Board for Correction of Military Records (ABCMR), dated 6 May 2010.
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 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 applicant enlisted in the Regular Army on 25 April 1984.
3. He provides an award certificate written in German, dated 24 November 1999, that shows he was awarded the German Army Marksmanship Badge (Schutzenschnur) in Silver.
4. He provides a memorandum written to the Commander, 615th Military Police Company, requesting authority to accept and wear the German Army Marksmanship Badge (Schutzenschnur) in Silver.
5. On 31 July 2006, he retired.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 July 2006 shows the entry "GERMAN FIREMAN QUALIFICATION BADGE SILVER."
7. Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank or 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 German Army Marksmanship Badge is listed in appendix D (Foreign Badges) of this regulation.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant successfully qualified for and was awarded the German Army Marksmanship Badge (Schutzenschnur) in Silver. This is a commonly awarded and authorized-for-acceptance-and-wear badge awarded to Soldiers assigned to Germany. Item 13 of his DD Form 214 erroneously shows he was awarded the German Fireman Qualification Badge. Therefore, his DD Form 214 for the period ending 31 July 2006 should be corrected to show he was awarded the German Army Marksmanship Badge (Schutzenschnur) in Silver in item 13.
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:
a. deleting the "GERMAN FIREMAN QUALIFICATION BADGE SILVER from item 13 of his DD Form 214; and
b. adding the German Army Marksmanship Badge (Schutzenschnur) in Silver to item 13 of 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) AR20100016623
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ABCMR Record of Proceedings (cont) AR20100016623
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