IN THE CASE OF:  	  

		BOARD DATE:  23 September 2014  	  

		DOCKET NUMBER:  AR20140001590 


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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
30 April 1992:

* Meritorious Service Medal (First Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal (Caliber))
* German Armed Forces Marksmanship Badge in Bronze
* German Sports Badge in Silver

2.  The applicant states these awards were not included on his DD Form 214. 

3.  The applicant provides:

* orders and certificate awarding him the Meritorious Service Medal with First Oak Leaf Cluster
* a DA Form 2496 (Disposition Form), dated 22 October 1985, subject: 
.45 Caliber Qualification
* a memorandum, dated 5 December 1985, from Headquarters, 
21st Support Command
* eight documents in German
 

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.  He was commissioned a second lieutenant in the U.S. Army Reserve on 
17 March 1972 and entered extended active duty on 22 April 1972.

3.  He served in Germany from 13 October 1975 to 18 December 1978.  

4.  He was awarded the Meritorious Service Medal for meritorious service from 
13 October 1975 to 18 December 1978.

5.  He provided a DA Form 2496, dated 22 October 1985, that showed he qualified as expert with the .45 caliber pistol on 9 September 1985.

6.  He provided a memorandum, dated 5 December 1985, from Headquarters, 21st Support Command, subject: Foreign Awards.  

	a.  This memorandum authorized the applicant to accept the German Armed Forces Marksmanship Badge in Bronze awarded on 3 November 1976.  He was not authorized to wear the award since the award was not worn on the uniform of German officers.  

	b.  The memorandum also requested the award be recorded in the applicant's DA Form 2-1 (Personnel Qualification Record) and filed in his Military Personnel Record Jacket (MPRJ), U.S. Army.  A copy of the correspondence was forwarded to the custodian of his official military personnel file (OMPF).

7.  Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, GA Permanent Orders 071-001, dated 11 February 1992, awarded him the Meritorious Service Medal with First Oak Leaf Cluster for outstanding meritorious service from 1 May 1982 to 30 April 1992.

8.  On 30 April 1992, he was retired and placed on the Retired List on the following day.  His DD Form 214 shows he was awarded the:

* Meritorious Service Medal
* Army Commendation Medal (4th Oak Leaf Cluster)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon with numeral 2
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 Cal)
 
9.  The applicant did not provide a translation for the documents he provided that were in German.  A member of the ABCMR staff, who is fluent in German, determined the documents referred to the requirements and the award of a German Cycling Badge.  Research showed that cycling was one of five groups of requirements that had to be completed for the award of the German Sports Badge.

10.  There is no evidence the applicant received authority to accept and wear the German Sports Badge.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A basic marksmanship qualification badge was awarded to indicate the degree in which an individual, military or civilian, had qualified in a prescribed record course and an appropriate bar was furnished to denote each weapon with which he/she qualified.  Authorized component bars included the Pistol Bar.

	b.  Foreign qualification and special skill badges could be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Commanders of major oversea commands reporting directly to Headquarters, Department of the Army (HQDA), were delegated authority to approve the acceptance, retention, and permanent wear of such badges.  This authority could not be further delegated.  

	c.  Only those foreign badges which were awarded in recognition of military activities and by the military department of the host country were authorized for acceptance and permanent wear.  Badges which did not meet these criteria could be authorized for acceptance but not for wear, and were not be entered in the official military records of the recipient.  Of particular importance was the criteria established by the military department of the host country; for example, if a particular badge was authorized for award only to enlisted personnel of the host country, then it may be accepted and worn only by U.S. Army enlisted personnel.

	d.  Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority were delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D (Foreign Badges).  Any foreign badges not listed in Appendix D were forwarded to HQDA for approval.  This authority could not be further delegated. 

	e.  The German Sports Badge was not listed in Appendix D.

	f.  Foreign badges presented to personnel that did not fall under the above categories of qualification or special skill badges were considered gifts and were not authorized for wear or entered in official military personnel records.

DISCUSSION AND CONCLUSIONS:

1.  His previous award of the Meritorious Service Medal and his orders dated 
11 February 1992 show the Meritorious Service Medal (First Oak Leaf Cluster) should be added to his DD Form 214.

2.  His record shows he was authorized the Expert Marksmanship Qualification Badge with Pistol Bar based on his scores with the .38 caliber and the .45 caliber pistol.  Although only one Pistol Bar is authorized for wear, because his current 
DD Form 214 identifies the .38 caliber pistol it would be appropriate to add the .45 caliber pistol.  Therefore, it would be appropriate to change the entry to read:  "Expert Marksmanship Qualification Badge with Pistol Bar (.38 cal, .45 cal)."

3.  The applicant was authorized to accept the German Armed Forces Marksmanship Badge in Bronze and to have the award entered in his MPRJ and OMPF.  Therefore, it is appropriate to add this award to his DD Form 214.

4.  There is no record of the applicant having received the authority to accept the German Sports Badge.  The documents he submitted appear to show he completed the requirements for the Cycling Badge.  Research shows this is only part of the requirements for the German Sports Badge.  Therefore, there is insufficient evidence to show he was awarded the German Sports Badge or that he was authorized to accept it.

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:

	a.  deleting from his DD Form 214 the:

* Meritorious Service Medal
* Expert Marksmanship Badge Pistol, 38 CAL

	b.  adding to his DD Form 214 the:

* Meritorious Service Medal (with First Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 cal, 
	.45 cal)
* German Armed Forces Marksmanship Badge in Bronze

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 German Sports 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)                                         AR20140001590



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ABCMR Record of Proceedings (cont)                                         AR20140001590



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