PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 February 2002
	DOCKET NUMBER:   AR2002067165

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his 5 October 1998 request for correction of his records to show entitlement to receive and wear the “Salvadoran Army Parachutist Badge” which is correctly known as the “El Salvadorian Armed Forces Parachutist Badge” in accordance with Army Regulation 600-8-22 (Military Awards).

3.  The applicant states that he submitted a request to accept and wear the El Salvadorian Armed Forces Parachutist Badge; however, he was relieved and reassigned to Panama shortly after submitting the request.  As a result, he never received a final decision on his request.  In support of his request, he submitted a copy of orders assigning him to the United States Military Group El Salvador, a copy of a diploma, dated 24 January 1992, for award of the El Salvadorian Armed Forces Parachutist Badge, a translation of the diploma to English, and a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions).

4.  The applicant’s military records show that at the time in question he was serving as a member of the United States Military Group El Salvador.  These orders show that he was authorized “Jump Pay” [hazardous duty pay as a parachutist] for the position to which he was assigned. 

5.  The translation of the diploma for the El Salvadorian Armed Forces Parachutist Badge states that the applicant “has satisfactorily completed all requirements to receive the Paratroopers insignia of the Salvadoran Army.”

6.  Army Regulation 600-8-2 provides, in pertinent part, that foreign 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 which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

7.  Army Regulation 600-8-2 provides in pertinent part, that commanders (overseas and CONUS) 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 of this regulation.  The El Salvadorian Armed Forces Parachutist Badge is listed in appendix D (Foreign Badges).

CONCLUSIONS:

1.  The applicant received a diploma for completion of the requirements for award of the El Salvadorian Armed Forces Parachutist Badge.  The translation of this diploma states that the applicant satisfactorily completed all requirements to receive this foreign parachutist badge.

2.  The Board noted the applicant’s contention that he had already submitted a request for authority to receive and wear this foreign parachutist badge and determined that the circumstances of his reassignment probably prevented notification of the results of this request.

3.  Based on the foregoing, the Board determined that the El Salvadorian Armed Forces Parachutist Badge was awarded in recognition of meeting the criteria as established by the foreign government concerned for the specific badge and that the applicant satisfactorily completed all requirements to receive this foreign parachutist badge.  Therefore, the applicant is entitled to receive, retain and permanently wear the El Salvadorian Armed Forces Parachutist Badge and is entitled to correction of his records to show this foreign badge.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned is authorized to receive, retain and wear the El Salvadorian Armed Forces Parachutist Badge.

BOARD VOTE:  

__FNE__  __MKP__  ___LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2002067165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020207	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.