BOARD DATE:	  14 May 2014

		DOCKET NUMBER:  AR20140004112 


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 permanent award of the Army Staff Identification Badge (ASIB).

2.  The applicant states he was not authorized to wear the ASIB under the 1 June 1995 version of Department of the Army (DA) Memorandum 672-1 at the time he served at the Pentagon; however, changes in regulatory guidance now allow for this badge to be awarded to him on a permanent basis.

3.  The applicant provides email communications related to award of the ASIB, his Enlisted Record Brief, an award recommendation and certificate, two Noncommissioned Officer Evaluation Reports (NCOER), a certificate of promotion, 5 December 2005 assignment orders, 1 November 2004 DA Memorandum 672-1, and a 13 April 2006 Memorandum referencing the training requirements for award of the ASIB.

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 on 3 December 1993, remaining on active duty through the current time.

3.  The applicant was assigned to the U.S. Army Information Technology Agency (USAITA), Network Infrastructure Services and Operations-Pentagon (NISO-P) from 1 July 2002 through 19 May 2004.  At the time he was serving as a staff sergeant.

4.  An email from the Chief, Office of the Administrative Assistant (OAA), Military Personnel Directorate (MPD), Human Resource Management Directorate (provided by the applicant) states they will not support approval of the ASIB to a Soldier who departed the Headquarters, Department of the Army (HQDA) organization nearly a decade earlier.  The DA memorandum clearly states the ASIB is not automatic and assignment alone does not qualify a Soldier for the badge.  

5.  The applicant was awarded an Army Commendation Medal for his service from 22 November 2001 to 20 May 2004.  During this period, his rater and senior rater marked him in the top blocks on his NCOERs. 

6.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  The ASIB is authorized to recognize outstanding performance of duty while detailed to the Army General Staff.  The badge is awarded by Principal Officials of HQDA to military personnel serving on their staff and within their subordinate agencies.  Eligibility criteria for wear and permanent issue are contained in DA Memorandum 672–1.  Permanent issue must be authorized by Principal Officials with the certificate of authorization constituting authority for wearing the badge as a permanent part of the uniform.

	b.  Recommendations for awards must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations.

7.  Army Memorandum 672–1 (Decorations, Awards, and Honors - Army Staff Identification Badge and Army Staff Lapel Pin), states;

   a.  The ASIB is neither an award nor a decoration but a distinguishing emblem of service for HQDA.
   b.  Issuance of the ASIB is not automatic, but is based on demonstrated outstanding performance of duty and approval by a principal HQDA official.
   
   c.  Military personnel assigned to a Staff Support Agency (SSA), Field Operating Agency (FOA), or Direct Report Unit (DRU) listed in Figure 1 and who are co-located with the proponent, who are on orders to an authorized Table of Distribution and Allowances position for a period of not less than 1 year (365 days) are authorized permanent award of the ASIC.
   
   d.  The principal SSA, FOA, or DRU official must recommend the individual to their HQDA principal.
   
   e.  Effective 2 August 2003 if an individual is assigned on orders in a principal HQDA agency (command codes SA/CS) on the day the policy went into effect, the entire time of their present assignment may be counted to meet the 365-day minimum requirement.  In no event will retroactive requests be made to authorize wear of the ASIB to personnel who departed their agency prior to 2 August 2003 and were not authorized under the 1 June 1995 edition of this memorandum.

DISCUSSION AND CONCLUSIONS:

1.  Army Memorandum 672–1 states that in no event will retroactive requests be made to authorize wear of the ASIB to personnel who departed their agency prior to 2 August 2003 and were not authorized under the 1 June 1995 edition of this memorandum.

2.  The applicant states that at the time he was serving at the Pentagon he was not authorized award of the ASIB.  He does not explain and it is not apparent why he did not qualify for the badge or what changed in the authorization memorandum that would now show he should have been considered for this badge when he was not previously authorized to wear the ASIB. 

3.  As with almost all personal awards, decorations, and badges, a Soldier must have been recommended and approved for permanent award of the ASIB.  The available evidence does not show he was recommended for the badge and the agency he served at does not support such an authorization at this late date.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20140004112



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ABCMR Record of Proceedings (cont)                                         AR20140004112



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