BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100025857
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) to show the Ecuadorian Parachutist Badge.
2. The applicant states he was awarded the Ecuadorian Airborne Wings on
1 August 2002.
3. The applicant provides:
* Letter, dated 24 August 2010, from a Member of Congress
* Certificate written in Spanish
* DD Form 214
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 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 2 October 2000. He completed his training and was awarded military occupational specialty 52Y (unit supply specialist). On 1 November 2003, he was released from active duty.
3. His DD Form 214 does not show the Ecuadorian Parachutist Badge as an authorized award.
4. There is no evidence in the applicants service personnel records which shows he was authorized to wear the Ecuadorian Parachutist Badge.
5. He provided a certificate written in Spanish. When translated in English, this certificate, dated August 2002, states he made parachute jumps with Ecuadorian personnel.
6. Appendix D (Foreign Badges) of Army Regulation 600-8-22 shows the Ecuadorian Parachutist Badge. Paragraph 9-25b of Army Regulation 600-8-22 (Military Awards) states that 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. This authority may be further delegated to commanders charged with custody of military personnel record files. 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.
DISCUSSION AND CONCLUSIONS:
1. He contends he was awarded the Ecuadorian Airborne Wings on 1 August 2002.
2. Although he provided a certificate which indicates he made parachute jumps with Ecuadorian personnel in August 2002, there is no evidence of record which shows he was authorized to accept or wear the Ecuadorian Parachutist Badge. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this foreign badge.
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.
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