IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20110011681
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 two Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch (taken to mean a shoulder sleeve insignia-former wartime service (SSI-FWTS)).
2. He states he is entitled to these awards but his DD Form 214 was completed too early and these awards were omitted.
3. He provides no additional documentary evidence in support of this application.
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's military records show that he enlisted in the Regular Army on 30 July 2002. He completed training and was awarded the military occupational specialty of health care specialist.
3. He was honorably released from active duty on 3 August 2004 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years and 4 days of total active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period shows the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.
5. His DA Form 2-1 (Personnel Qualification Record) shows the Army Service Ribbon and Global War on Terrorism Service Medal. This form does not show any foreign combat service.
6. His records do not contain any evidence that indicate he was ever awarded or authorized any Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch.
7. Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, on or after 1 August 1981, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.
8. Army Regulation 600-8-22 states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.
9. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. The regulation authorizes optional wear of the U.S. Army SSI of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only SSI approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.
DISCUSSION AND CONCLUSIONS:
1. Army regulations state orders are the only verification acceptable for entering a decoration on a DD Form 214. There are no orders or sufficiently corroborating evidence to show he was ever awarded any Army Achievement Medals or the Combat Medical Badge. As such, he is not entitled to have these awards added to his DD Form 214.
2. There is no evidence he is authorized an SSI-FWTS. However, even if he is regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS (combat patch) on a DD Form 214. As such, there is no basis for adding this patch to his DD Form 214.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20110011681
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110011681
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005855
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 September 2008 to show the Bronze Star Medal and shoulder sleeve insignia-former wartime service (SSI-FWTS). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal to item 13 of this DD Form 214. ABCMR Record of Proceedings (cont) AR20110005855 3 ARMY BOARD FOR...
ARMY | BCMR | CY2011 | 20110000007
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal, Humanitarian Service Medal, and shoulder sleeve insignia-former wartime service (SSI-FWTS). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Service Medal and...
ARMY | BCMR | CY2011 | 20110002953
Application for correction of military records (with supporting documents provided, if any). The applicant requests his service in the DMZ in Korea be shown on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 27 March 1975. The applicant requested award of the Combat Infantryman Badge.
ARMY | BCMR | CY2012 | 20120018185
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 November 2012 to show all medals and awards authorized and the shoulder sleeve insignia-former wartime service (SSI-FWTS). Item 13 of his 21 November 2012 DD Form 214 does not show he was authorized to wear the SSI-FWTS.
ARMY | BCMR | CY2011 | 20110022276
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart and that all of his awards, including the 3d Infantry Division Combat Patch and his award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of release or Discharge from Active Duty). His DD Form 214 does not reflect his service in Kuwait. The applicant was awarded the AAM for his service in Kuwait during his first tour and that award should be as added to his DD Form...
ARMY | BCMR | CY2012 | 20120006604
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), Armed Forces Expeditionary Medal (AFEM), Combat Medical Badge (CMB), and shoulder sleeve insignia former wartime service (SSI-FWTS). The applicant served in Korea from 1975 to 1976 during a qualifying period for award of the KDSM. As a result, the Board recommends denial of so much of the application that pertains to adding...
ARMY | BCMR | CY2011 | 20110016079
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service in Afghanistan, his awards of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), Joint Meritorious Unit Award (JMUA), and the Former Wartime Service Shoulder Sleeve Insignia (SSI-FWTS) of the 3d Battalion, 75th Ranger Regiment. Accordingly, he is entitled to have those awards...
ARMY | BCMR | CY2012 | 20120013126
The applicant requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Army combat patch, otherwise known as the Shoulder Sleeve Insignia Former Wartime Service (SSI-FWTS). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940;...
ARMY | BCMR | CY2011 | 20110005981
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 March 2005 to show award of the Combat Infantryman Badge, Parachutist Badge, shoulder sleeve insignia (SSI) for former wartime service (FWTS), 25th Infantry Division combat patch, and any other awards not listed to which he is authorized, to include consideration for award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140020086
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Action Badge (CAB), Shoulder Sleeve Insignia for Former Wartime Service (SSI-FWTS), Overseas Service Bar (OSB), and all campaign and military medals issued for Operation Iraqi Freedom (OIF). He was released from active duty (REFRAD) before the requested awards were awarded. He served a qualifying period of service for award of the GWOTSM and is entitled...