BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009207 


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 the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* three additional awards of the Army Commendation Medal
* Honduran Parachutist Badge
* 82nd Airborne Division combat patch, properly known as the shoulder sleeve insignia - former wartime service (SSI-FWTS)

2.  The applicant states he was awarded or authorized these items but they are not listed on his DD Form 214. 

3.  The applicant provides his 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 applicant enlisted in the Regular Army on 15 July 1982 and held military occupational specialty 31C (Single Channel Radio Operator).  He was assigned to the 82nd Signal Battalion, 82nd Airborne Division, Fort Bragg, NC, on 24 March 1983.

3.  Permanent Orders (PO) 218-231, dated 14 December 1983, issued by Headquarters (HQ), 82nd Airborne Division, awarded him the Army Commendation Medal for the period 26 October to 3 November 1983.

4.  His records contain a DA Form 2496 (Disposition Form), dated 14 December 1983, wherein his immediate commander requested the applicant and other members of the unit be authorized to wear the 82nd Airborne SSI-FWTS on the right shoulder of the uniform for participating in Operation Urgent Fury in Grenada.

5.  His records contain a certificate in Spanish, dated 25 March 1984, issued by the Armed Forces of Honduras, wherein it stated he completed training and met the requirements for the Honduran Parachutist Badge.  His records are void of orders or a memorandum authorizing him to accept and permanently wear this award.

6.  PO 123-3, dated 1 July 1985, issued by HQ, 82nd Airborne Division, awarded him the Army Commendation Medal (2nd Award) for the period 24 March 1983 to 1 July 1985.

7.  He was honorably released from active duty on 22 July 1985 and he was transferred to the U. S. Army Reserve.  

8.  The DD Form 214 he was issued shows the:

* Army Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Army Good Conduct Medal
* Army Achievement Medal
* Army Commendation Medal
* Multinational Force and Observers Medal
* Armed Forces Expeditionary Medal (Grenada)

9.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows only two awards of the Army Commendation Medal.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22, paragraph 9-26 governs foreign badges.  It states:

	a.  Qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient. 

	b.  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 of this regulation, to include the Honduran Parachutist Badge . This authority may be further delegated to commanders charged with custody of military personnel record files.

12.   Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 of this regulation prescribes the authority for authorization, periods of authorization, and manner of wear for the SSI-FWTS.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded two awards of the Army Commendation Medal while his DD Form 214 only reflects one award.  Therefore, he is entitled to the correction of his DD Form 214 to show the Army Commendation Medal (2nd Award).

2.  With respect to three additional awards of the Army Commendation Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders that show he was awarded the Army Commendation Medal (4th Award) there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal (4th Award).

3.  With respect to the Honduran Parachutist Badge, although he may have completed training for this badge his records are void of orders or a memorandum authorizing him to accept and permanently wear this foreign badge.  Therefore, he is not entitled to the correction of his DD Form 214 to show this badge. 

4.  With respect to the 82nd Airborne SSI-FWTS, the SSI-FWTS is a shoulder sleeve insignia indicating former wartime service and is worn on the uniform as prescribed in Army Regulation 670-1.  The SSI-FWTS is not an award or a decoration; it is an item of clothing.  Therefore, there is no provision for entering the SSI-FWTS on the DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to delete the Army Commendation Medal and add the Army Commendation Medal (2nd Award).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends

denial of so much of the application that pertains to the Honduran Parachutist Badge, Army Commendation Medal (4th Award), and the 82nd Airborne SSI-FWTS.  



      _______ _   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)                                         AR20130009207





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ABCMR Record of Proceedings (cont)                                         AR20130009207



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