AR20150009546

IN THE CASE OF:

BOARD DATE: 5 April 2016

DOCKET NUMBER: AR20150009546

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x____ ___x____ ___x____ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 5 April 2016

DOCKET NUMBER: AR20150009546

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 adding to his DD Form 214 the Army Commendation Medal.

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 Sapper Tab and the French Jump Wings.

___________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.

IN THE CASE OF:

BOARD DATE: 5 April 2016

DOCKET NUMBER: AR20150009546

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:

* Army Commendation Medal
* Sapper Tab
* French Jump Wings

2. The applicant states they were not listed on his DD Form 214.

3. The applicant provides:

* DD Form 214
* Certificate of completion of the Sapper Leader Course
* Certificate for award of the Army Commendation Medal
* DA Form 638 (Recommendation for Award)
* Certificate for the Brevet Militaire Parachutiste (French Army Parachutist Badge)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. Having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 3 October 1996 and he held military occupational specialty (MOS) 12B (Combat Engineer). He was assigned to A Company, 30th Engineer Battalion, Fort Bragg, NC.

3. He was honorably released from active duty on 2 October 2000. He completed 4 years of active service. His DD Form 214 shows the:

* Army Lapel Button
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

4. His records contain and he provides a certificate (and a DA Form 638) approving award of the Army Commendation Medal for service from 19 June 1997 to 21 August 2000 by Permanent Orders (PO) Number 223-29, issued by Headquarters, 82nd Airborne Division on 10 August 2000.

5. He provides a certificate that shows he successfully attended and completed the Sapper Leader Course during the period 18 July 1999 through 17 August 1999 at the Sapper Training Detachment, Fort Leonard Wood, MO.

6. He also provides a foreign document issued by the Republic of France, albeit with no English translation accompanying it.

REFERENCES:

1. Army Regulation 600-8-22 (Military Awards) provides that the Sapper Tab was established by the Chief of Staff, Army on 28 June 2004. It is authorized for award to U.S. military and civilian personnel and foreign military personnel who meet the prescribed eligibility criteria. The basic eligibility criteria for award of the Sapper Tab are as follows: (1) Successful graduation of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School, (2) Any person who successfully graduates from a Sapper Leaders Course conducted by the U.S. Army Engineer School at Fort Leonard Wood, MO. The Sapper Tab may be awarded retroactively to any person who successfully completes all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985. Retroactive requests will be submitted to the Commandant, U.S. Army Engineer School, ATTN: Commander, 577th Engineer Battalion, Fort Leonard Wood, MO 65473. Retroactive requests for veterans and retirees must be forwarded as follows:

* Personnel released from Active Duty with reserve obligation; reserve component personnel; Army personnel separated after October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit requests to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch, AHRCPDPA, 1600 Spearhead Division Avenue, Fort Knox, KY 40122
* Personnel separated after 1912 and prior to October 2002 by discharge, resignation, or death; retired officer and enlisted personnel submit to the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, MO 63132

2. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Chapter 9, Section V governs the “Application for Authority for U.S. Army Personnel to Accept and Wear Foreign Badges and Decorations.” Paragraph 9-26 governs foreign badges.

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.

b. Commanders (overseas and CONUS) serving in the rank of brigadier general or above and colonel-level commanders who exercise general court-martial authority are delegated authority to approve acceptance, retention, and permanent wear of foreign badges listed in Appendix D. This authority may be further delegated to commanders charged with custody of military personnel record files. The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge. Any foreign badges not listed in Appendix D will be forwarded to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch, AHRCPDPA, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, for approval.

c. Foreign badges listed in Appendix D are not annotated in an individuals Officer/Enlisted Record Brief or entered on the DD Form 214 (Certificate of Release or Discharge from Active Duty). The approved memorandum for acceptance and wear of foreign badges endorsed by the first general officer in the chain of command or U.S. Army Human Resources Command, Awards and Decorations Branch to include a copy of the certificate and its supporting documents will be entered in the Army Military Human Resource Record of the recipient. Foreign badges authorized for acceptance and wear on the Army uniform are shown in Appendix D, Table D1.

DISCUSSION:

1. PO awarded him the Army Commendation Medal. This award is not listed on his DD Form 214.

2. His request to add the Sapper Tab to his DD Form 214 is premature. He did not provide the orders that confirm he was awarded the Sapper Tab. The Sapper Tab may be awarded retroactively to any person who successfully completes all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985. Retroactive requests will be submitted to the Commandant, U.S. Army Engineer School, Fort Leonard Wood, MO. The applicant has not done so.

3. His request to add the “French Jump Wings” to his DD Form 214 is also premature. He did not provide an approval memorandum authorizing him to accept and wear the foreign award he claims. He is advised to submit a written request in letter format to the U.S. Army Human Resources Command for authorization to accept and wear the requested foreign award. Supporting evidence should include said certificate with an English translation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009546

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009546

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2