IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110011741
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 add the former wartime service shoulder-sleeve insignia for the following units:
* 1st Cavalry Division
* 10th Mountain Division
* Multi-National Security Transition Command-Iraq
2. The applicant states:
* he has authorization memoranda for the 1st Cavalry Division and 10th Mountain Division shoulder-sleeve insignias
* he has a Combat Infantryman Badge, Bronze Star Medal, and two officer evaluation reports that were processed through the Multi-National Security Transition Command-Iraq
3. The applicant provides extracts from his military personnel records.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was appointed as a U.S. Army Reserve second lieutenant on 12 May 1989. Records indicate he was ordered to active duty on 28 September 2003.
3. He was honorably released from active duty on 30 October 2007 upon completion of his required active service. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq during the period 19 January 2005 through 18 January 2006.
4. 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." This regulation 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.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. There are no provisions for entering the shoulder-sleeve insignia for former wartime service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request was carefully considered and determined to lack merit.
2. Combat patches or former wartime service shoulder-sleeve insignia are items of clothing. They are not awards or decorations; therefore, they are not authorized for entry on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20110011741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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