IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110015943 


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) by deleting the Army Superior Unit Award.  He also requests, in effect, correction of his DD Form 214 to show the German Army Marksmanship Badge (Schutzenschnur) in Gold.

2.  The applicant states while he was in the unit when it was actually awarded the Army Superior Unit Award, he was not assigned to the unit during the period for which the award was authorized.  He requests that his records be corrected by deleting this award.  By inclusion of the certificate authorizing him to wear the "Schutzenschnur" by the German government with his application, it is construed that he is also requesting correction of his DD Form 214 to show this marksmanship badge.

3.  The applicant provides his DD Form 214 for the period ending 24 September 2002 and a certificate for the "Schutzenschnur" with English translation.

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 enlisted in the Regular Army (RA) on 14 July 1988.  He completed his training and he was awarded military occupational specialty (MOS) 11M (fighting vehicle infantryman).  On 13 July 1992, he was honorably released from active duty at the expiration of his term of service.  He completed 4 years of creditable active service at the time.

3.  On 25 May 1993, the applicant again enlisted in the RA.  He continued to serve until 24 September 2002, at which time he was honorably discharged by reason of disability with severance pay.  He completed 9 years and 4 months of net service during this period.

4.  The applicant was assigned to the 1st Battalion, 18th Infantry Regiment from 6 October 1998 through the date of his discharge on 24 September 2002.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 24 September 2002, as continued in item 18 (Remarks), shows the Army Superior Unit Award.

6.  A review of the Department of the Army General Orders (DAGO) for the period January 1988 to the present shows the 1st Battalion, 18th Infantry Regiment was awarded the Army Superior Unit Award on at least three occasions between 9 October 1994 and 19 October 1997.

7.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) includes a notation of award of the German Parachutist Badge (Bronze) which is not listed on his DD Form 214.

8.  The applicant provides and his record contains a copy the German military certificate presented on 12 July 2002 that granted him permission to wear the "Schutzenschnur" (German Army Marksmanship Award) in Gold.  The certificate was translated into English on 9 August 2002 by the Schweinfurt Law Center, Headquarters, 2nd Brigade, 1st Infantry Division.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states 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 to the cited unit, are authorized temporary wear of some unit awards, including the Army Superior Unit Award, during their period of assignment to the unit.
 
10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states 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.  Both the German Army Marksmanship Award (Gold) and the German Parachutist Badge (Bronze) are included in the list of approved foreign badges in Appendix D.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was assigned to the 1st Battalion, 18th Infantry Regiment when the DAGO for award of Army Superior Unit Award was issued, he was not assigned to the unit during the period covered by that award.  In accordance with Army Regulation 670-1, the applicant was authorized temporary wear of the Army Superior Unit Award during his assignment to the unit; however, this was only a temporary authorization and it should not have been added to his DD Form 214.

2.  The applicant's official military record contains a copy of the 12 July 2002 German military certificate granting him permission to wear the "Schutzenschnur" in Gold, with an English translation of the certificate.  While there is no documentation that the appropriate U.S. command authority authorized him to accept, retain, and permanently wear this foreign badge, it is reasonable to assume that by the inclusion of the German orders in his record and the inclusion of this award in Army Regulation 600-8-22, Appendix D, that he was or would have been granted that authority.  Therefore, it is appropriate to add this award to his 24 September 2002 DD Form 214.  

3.  The applicant's DA Form 2-1- Part II includes the German Parachutist Badge (Bronze) as one of his authorized awards but is not shown on his DD Form 214.  While there are no official orders awarding this foreign badge or U.S. command authority authorization for him to accept, retain, and permanently wear it, it is reasonable to assume that it would not have been added to his DA Form 2-1 
Part II if the proper authorization was not granted.  This badge is included in the list of authorized foreign badges in Army Regulation 600-8-22, Appendix D. 

4.  Based on the above facts and findings it is appropriate to correct the applicant's records by deleting from item 13 on his 24 September 2002 DD Form 214 the Army Superior Unit Award and adding award of the German Army Marksmanship Award and the German Parachutist Badge (Bronze).

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his 24 September 2002 DD Form 214, item 13, the Army Superior Unit Award; and 

	b.  adding at item 13 of his 24 September 2002 DD Form 214 the German Army Marksmanship Award and the German Parachutist Badge (Bronze).



      ____________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)                                         AR20110015943



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ABCMR Record of Proceedings (cont)                                         AR20110015943



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