IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028088 


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 award of the Legion of Merit, Army Superior Unit Award (2nd Award), U.S. Army Gold Recruiter Badge with three sapphire achievement stars, and Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) unit patch.

2.  The applicant states the Legion of Merit and Army Superior Unit Award were approved after he retired from active duty.  He also states he was assigned to the Defense Intelligence Agency in Burma from 7 September 2003 to 20 May 2005 and served in Yemen from 17 October to 7 November 2003, and that this service qualifies him for the SSI-FWTS.  He adds he was awarded the U.S. Army Gold Recruiter Badge with three sapphire achievement stars and it should be added to his DD Form 214 (i.e., "vice [the U.S. Army] Basic Recruiter Badge").

3.  The applicant provides copies of the related award documents and an Army message pertaining to the SSI-FWTS.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted and entered active duty in the Regular Army on
5 October 1984 and served honorably on active duty through 17 March 2010.
He was promoted to sergeant major (SGM)/pay grade E-9 on 1 August 2008.

2.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant attended and completed the Sergeants Major Course (Class #1-08) at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, during the period
6 August 2008 through 21 May 2009.

3.  The applicant's DD Form 214 shows he was honorably retired from active duty on 17 March 2010 based on permanent disability.  He had completed
25 years, 5 months, and 13 days of active service.

   a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Defense Meritorious Service Medal (4th Award), Joint Service Commendation Medal, Meritorious Service Medal, Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal (6th Award), Joint Meritorious Unit Award (3rd Award), Army Superior Unit Award, Army Good Conduct Medal (8th Award), Department of State Meritorious Honor Award (2nd Award), National Defense Service Medal with bronze service star, Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon (4th Award), Overseas Service Ribbon (6th Award), North Atlantic Treaty Organization Medal, U.S. Army Basic Recruiter Badge-Silver, and Parachutist Badge.

   b.  Item 18 (Remarks) shows he served in Bosnia from 4 August to
13 November 1996 and in Yemen from 17 October to 7 November 2003.

4.  In support of his request, the applicant provides the following documents:

   a.  DA Form 4980-11 (Legion of Merit Certificate) that shows Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, VA, Permanent Orders 77-3, dated 18 March 2010, awarded the applicant the Legion of Merit for exceptionally meritorious service from 18 March 2000 to 17 March 2010.

   b.  U.S. Army Human Resources Command, Alexandria, VA Permanent Orders 111-01, dated 21 April 2010, that awarded the U.S. Army Sergeants Major Academy the Army Superior Unit Award for outstanding meritorious service during the period 1 September 2008 to 31 October 2009.

       (1)  The order shows that the unit reorganized and restructured in order to significantly increase the effectiveness of the Army Noncommissioned Officer Education System and the accomplishments ensured that the faculty and staff of the Academy remain competitive as one of the premiere Department of Defense Professional Military Education Institutions.

       (2)  The order serves as official notification that the unit award was approved and also as authority for eligible Soldiers to update their records and wear the award.

   c.  U.S. Army Recruiting Battalion Great Lakes/Lansing, MI, memorandum, dated 21 June 1993, subject:  Announcement of Recruiter Incentive Award, that awarded the applicant the U.S. Army Gold Recruiter Badge with three sapphire achievement stars for honorably serving with the U.S. Army Recruiting Command during the period 1 December 1992 to 31 May 1993.

   d.  ALARACT [All Army Activities] message 055/2007, date-time-group 281253Z March 2007, subject:  AR 670-1 (Wear and Appearance of Army Uniforms and Insignia), 3 February 2005, that provides implementing instructions for changes to the wear policy for the SSI-FWTS and shows the changes were effective immediately and that the policy change is not retroactive.

5.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.

6.  U.S. Army Intelligence and Security Command, Fort Belvoir, VA, memorandum, dated 8 April 2008, subject:  Acceptance and Wear of Foreign Badges [Applicant's Name and Social Security Number], authorized the applicant to accept and wear the Paraguayan Parachutist Wings.  The memorandum was signed by the command's administrative officer.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  Chapter 8 (Badges and Tabs, U.S. Origin), paragraph 8-43 (U.S. Army recruiter identification badges), shows the U.S. Army Basic Recruiter Badge with one, two, or three gold achievement stars and U.S. Army Gold Recruiter Badge with one, two, or three gold achievement stars are authorized for permanent wear upon announcement in a memorandum issued by the Commandant, Recruiting and Retention School, or recruiting battalion commanders, respectively, as authorized by the Commanding General, U.S. Army Recruiting Command.

   b.  Chapter 9 (Foreign and International Decorations and Awards to U.S. Army Personnel), paragraph 9-26 (Foreign badges), shows that commanders 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 (Foreign Badges).  This authority may be further delegated to commanders charged with custody of military personnel record files.

   c.  Appendix D, Table D-1 (Foreign Badges), lists foreign badges authorized for acceptance and wear on the Army uniform and, in pertinent part, shows the Paraguayan Parachutist Wings.

8.  Army Regulation 670-1, dated 3 February 2005, prescribes the authorization for wear, composition, and classification of uniforms and, in pertinent part, the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.

   a.  Chapter 28 (Wear of Insignia and Accouterments), paragraph 28-17, authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Headquarters, Department of the Army (HQDA), and only SSI approved for wear by HQDA are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.

       (1)  It does not list Bosnia (from 4 August to 13 November 1996), Yemen (from 17 October to 7 November 2003), or Burma (from 7 September 2003 to
20 May 2005) as areas authorized the SSI-FWTS for members of the Army who were assigned overseas with U.S. Army organizations.

       (2)  The ALARACT message clearly states the implementing instructions concerning the policy change issued on 28 March 2007 are not retroactive.

       (3)  In addition, there are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an authorized award.

   b.  Chapter 29 (Wear of Decorations, Service Medals, Badges, Unit Awards, and Appurtenances), paragraph 29-6 (Order of precedence within categories of medals), provides that a unit award is given to an operating unit and is worn by members of that unit who participated in the cited action.  Personnel who did not participate in the cited action, but who are assigned in the cited unit, are authorized temporary wear of some unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Legion of Merit, Army Superior Unit Award (2nd Award), U.S. Army Gold Recruiter Badge with three sapphire achievement stars (in lieu of the U.S. Army Basic Recruiter Badge-Silver), and SSI-FWTS.
2.  Permanent orders awarded the applicant the Legion of Merit for the period
18 March 2000 to 17 March 2010.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Permanent orders awarded the U.S. Army Sergeants Major Academy the Army Superior Unit Award for the period 1 September 2008 to 31 October 2009.

   a.  Records shows the applicant was a student assigned to the U.S. Army Sergeants Major Academy during a portion of the period of the award (i.e., from
1 September 2008 to 21 May 2009).

   b.  There is no evidence that the applicant participated in the cited activities as a member of the faculty or staff for which the unit award was authorized.

   c.  The evidence of record shows that personnel who did not participate in the cited action, but who were assigned in the cited unit, are authorized temporary wear of the unit award while assigned to the unit.  However, as such, the unit award is not authorized as an entry in the applicant's military personnel records. Thus, the evidence of record does not support correction of the applicant's records to show this unit award.

4.  Records show the applicant was authorized the U.S. Army Gold Recruiter Badge with three sapphire achievement stars and Paraguayan Parachutist Wings.  Therefore, his DD Form 214 should be corrected to show these two badges.

5.  The applicant's DD Form 214 shows the U.S. Army Basic Recruiter Badge -Silver.  There is no evidence the badge was erroneously awarded and/or entered on his DD Form 214, nor is there any evidence that the badge was revoked.  Therefore, no action is being taken to delete the badge from the applicant's
DD Form 214.

6.  The evidence of record does not support authorization for the applicant to wear SSI-FWTS.  The applicant is also advised that, in any case, there are no provisions for entering the SSI-FWTS on the DD Form 214 as it is not an authorized award or decoration.   


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Legion of Merit, U.S. Army Gold Recruiter Badge with three sapphire achievement stars, and Paraguayan Parachutist Wings.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Superior Unit Award (2nd Award) and the Shoulder Sleeve Insignia-Former Wartime Service.




      _______ _   _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)                                         AR20100028088



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ABCMR Record of Proceedings (cont)                                         AR20100028088



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