BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120007769
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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Ecuadorian Parachutist Badge.
2. He states he was awarded the Ecuadorian Parachutist Badge in 2002; however, in January 2003, his unit deployed to Afghanistan. The award was not added to his record before he deployed. During the deployment another unit moved into his barracks and both documents and property were lost. Last year, his former executive officer's wife found documentation of his award and mailed it to him.
3. He provides e-mail correspondence, four memoranda, a certificate, and a page from a jump log.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100025857 on 3 May 2011.
2. On 2 October 2000, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 52Y (Unit Supply Specialist). On 1 November 2003, he was honorably released from active duty.
3. His DD Form 214 does not show he is authorized the Ecuadorian Parachutist Badge.
4. His record is void of documentation showing he was authorized to accept and wear the Ecuadorian Parachutist Badge.
5. In support of his request for reconsideration, he provided a memorandum, dated 23 October 2002, subject: Acceptance and Wear of Foreign Badge. The memorandum authorized the applicant to accept and wear the Ecuadorian Parachutist Badge. This memorandum was signed for the Commander by the Chief, Personnel Actions Branch, Headquarters, 82nd Airborne Division.
6. Appendix D (Foreign Badges) of Army Regulation 600-8-22 (Military Awards) lists foreign badges authorized for acceptance and wear on the Army uniform. The Ecuadorian Parachutist Badge is listed.
7. Army Regulation 600-8-22, paragraph 9-25b, 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. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on individual Soldiers to produce justification, that is, orders, citation, or other original copies of the foreign elements that awarded them the badge.
DISCUSSION AND CONCLUSIONS:
The applicant has provided a memorandum showing a proper authority authorized him to accept and wear the Ecuadorian Parachutist Badge. Therefore, he is entitled to correction of his DD Form 214 to show this foreign badge.
BOARD VOTE:
___X_____ ____X____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20100025857, dated 3 May 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Ecuadorian Parachutist Badge to his DD Form 214.
___________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) AR20120007769
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