BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009302
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Canadian Honorary Wings Jump Certificate.
2. The applicant states the award was not recorded on his DD Form 214 due to an administrative error.
3. The applicant provides a DD Form 214, DD Form 215 (Correction to DD Form 214), and Canadian Honorary Wings Jump Certificate.
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 was appointed a Reserve commissioned officer on 1 January 1966. He entered active duty on 15 January 1966.
3. He provided an Honorary Wings Jump Certificate which he was presented by the Canadian Forces for successfully completing 6 parachute descents.
4. He was retired on 28 February 1989. The Honorary Wings Jump Certificate is not shown on his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel. Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned. The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he was presented an Honorary Wings Jump Certificate by the Canadian Forces; however, Army Regulation 600-8-22 specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records.
2. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20140009302
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ABCMR Record of Proceedings (cont) AR20140009302
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