BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130007997
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, the father of a deceased former service member (FSM), requests the FSM's record be corrected to show award of the Belgian Armed Forces Commando Badge.
2. The applicant states:
* two of his sons joined (the Army) and served together for 2 years, resulting in similar records
* in comparing their DD Forms 214 (Certificate of Release or Discharge from Active Duty), he noticed that the FSM's was missing the Belgian Armed Forces Commando Badge he so proudly earned
* both of his sons earned the Belgian Armed Forces Commando Badge
3. The applicant provides the deceased FSM's DD Form 214.
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 FSM enlisted in the Regular Army on 27 December 1983.
3. The FSM's DA Form 2-1 (Personnel Qualification Record, Part II) shows in:
a. item 9 (Awards, Decorations, and Campaigns), no indication he was awarded the Belgian Armed Forces Commando Badge; and
b. item 35 (Current and Previous Assignments), he served with the 4th Battalion (Airborne), 325th Infantry Regiment, Italy, from 13 May 1984 to 24 June 1985.
4. The FSM's record contains a letter issued by Headquarters, 1st Personnel Command, dated 28 November 1984, Subject: Foreign Awards, which shows the FSM was awarded the Belgian Armed Forces Commando Badge on
27 September 1984. This letter also states that this award will be recorded on the FSM's DA Form 2-1 and the letter will be filed in his military personnel record. A copy of this correspondence was forwarded to the custodian of the FSM's Army Military Human Resource Record (previously known as the Official Military Personnel File).
5. On 26 December 1985, the FSM was released from active duty after completing 2 years of active service. His DD Form 214 does not show award of the Belgian Armed Forces Commando Badge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the FSM was authorized to accept and wear the Belgian Armed Forces Commando Badge. Therefore, he is entitled to have his DD Form 214 corrected to show this 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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the FSM's DD Form 214 to add the Belgian Armed Forces Commando Badge.
__________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) AR20130007997
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ABCMR Record of Proceedings (cont) AR20130007997
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