IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140011824
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, in effect, the certificate awarding him the Silver German Armed Forces Badge for Military Proficiency and the two associated memoranda be removed from his official military personnel file (OMPF).
2. The applicant states he was awarded this badge by mistake and he would like the award certificate and associated memoranda removed from his OMPF. The badge was awarded in error; he did not complete the swimming portion of the competition.
3. The applicant provides a certificate and two memoranda.
CONSIDERATION OF EVIDENCE:
1. The applicant is an active duty Regular Army Soldier serving in the rank/grade of specialist (SPC)/E-4 and he is assigned to Fort Leavenworth, KS.
2. The applicant provides and the performance folder of his OMPF contains:
a. A memorandum for the garrison commander, dated 20 February 2014, subject: Delegation of Authority to Approve the Acceptance and Wear of Foreign Decorations and Badges, signed by Lieutenant General RBB, U.S. Army Combined Arms Center and Fort Leavenworth, KS. The memorandum stated
effective that date, he (the garrison commander) was delegated the authority to approve the acceptance, retention, and permanent wear of foreign decorations and badges.
b. A memorandum for distribution, dated 13 May 2014, subject: Request for Authority to Accept and Wear the German Armed Forces Proficiency Badge, signed by the Colonel TRW, U.S. Army Combined Arms Center and Fort Leavenworth, KS. The memorandum stated the request for authority to accept and wear the award of the German Armed Forces Proficiency Badge, Gold, Silver, and Bronze was approved for personnel listed on the enclosed Personnel Roster. However, the Personnel Roster referred to in the memorandum is not available for review with this case.
c. A certificate, undated, that stated the applicant was awarded the German Armed Forces Badge for Military Proficiency in Silver by the German Army Liaison Staff, Fort Leavenworth, KS.
3. Army Regulation 600-8-22 (Military Awards) provides that 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 (Foreign Badges), including the German Armed Forces Badge for Military Proficiency.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the certificate awarding him the Silver German Armed Forces Proficiency Badge and the two associated memoranda should be removed from his record as it was awarded to him in error.
2. The evidence of record confirms there is a memorandum authorizing a roster of personnel to accept and wear the German Armed Forces Proficiency Badge in the applicant's OMPF; however, the roster is not available for review with this case to verify if the applicant was listed on the roster. In addition, it can be presumed that a Soldier who was fully eligible to accept and wear the Silver German Armed Forces Proficiency Badge would not request it be removed from his record unless it was issued in error.
3. In view of the foregoing, it would be appropriate to remove the certificate awarding the applicant the Silver German Armed Forces Proficiency Badge and the associated memoranda from the performance folder of his OMPF.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* removing the certificate awarding him the Silver German Armed Forces Proficiency Badge from his OMPF
* removing the two memoranda, dated 20 February 2014 and 13 May 2014, from his OMPF
* ensuring the copies of the certificate and two memoranda he submitted with his application are not filed in his OMPF
_____________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) AR20140011824
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011824
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