IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011659
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal and the Republic of Korea Army Master Aviator Badge of Honor.
2. The applicant states the awards were not entered on his DD Form 214.
3. The applicant provides a Bronze Star Medal Certificate and a Republic of Korea Army Master Aviator Badge of Honor Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 March 1974. He was honorably discharged on 10 October 1983 and appointed a chief warrant officer one in the U.S. Army on 11 October 1983. He entered active duty that date and continued his service until he retired on 9 December 2008 was placed on the Temporary Disability Retirement List on 10 December 2008 in the grade of chief warrant officer five.
2. He provided a Bronze Star Medal Certificate that shows he was awarded the Bronze Star Medal by Headquarters, 25th Infantry Division, Permanent Orders Number 154-002D, dated 3 June 2007, for meritorious service during the period 26 July 2006 to 25 July 2007.
3. He also provided a certificate that shows he was awarded the Republic of Korea Army Master Aviator Badge of Honor on 6 August 1998. There is no evidence of record that shows he was granted authorization to accept and wear this foreign badge.
4. Army Regulation 600-8-22 (Military Awards) provides 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 the 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. Any foreign badges not listed in Appendix D will be forwarded to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, for approval.
5. The Republic of Korea Army Master Aviator Badge of Honor is not listed in appendix D of Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The Bronze Star Medal Certificate provided confirms he was awarded the Bronze Star Medal by Headquarters, 25th Infantry Division permanent orders. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He provided a certificate that suggests he was awarded the Republic of Korea Army Master Aviator Badge of Honor; however, there is no evidence of record and he did not provide any evidence showing he was granted authorization to accept and wear this foreign badge. Additionally, this foreign badge is not listed in appendix D of Army Regulation 600-8-22. Therefore, there is no basis to grant this portion of his request.
3. Although the Republic of Korea Army Master Aviator Badge of Honor is not listed in Army Regulation 600-8-22, appendix D, the applicant is advised to submit a request to the U.S. Army Human Resources Command for authorization to accept and wear this foreign badge. If approval is granted, he may submit another request to this Board for consideration.
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 amending his DD Form 214 for the period ending 9 December 2008 by adding the Bronze Star Medal.
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 Republic of Korea Army Master Aviator Badge of Honor.
_______ _ _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) AR20110011659
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ABCMR Record of Proceedings (cont) AR20110011659
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