IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150005229 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 (Report of Separation from Active Duty) to show the South Vietnam Jump Wings. 2. The applicant states he was awarded the badge but it was never added to his DD Form 214. 3. The applicant provides orders and a certificate for the South Vietnam Jump Wings. 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 in the Regular Army on 28 January 1966. He reenlisted on 2 January 1970 and on 14 December 1970. 3. He served in Vietnam from on or about 30 June 1967 to on or about 28 June 1968 and from on or about 26 January 1971 to on or about 1 January 1972. 4. He provides orders and a certificate showing he was awarded the South Vietnam Jump Wings on 15 April 1971. 5. He was discharged on 13 December 1973. His DD Form 214 does not include the South Vietnam Jump Wings. 6. There is no evidence in the applicant's records that show he was approved for the acceptance, retention, and permanent wear of this foreign badge by U.S. Army foreign badges/decorations approval authority. 8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It prescribes the policies and procedures concerning U.S. Army awards to foreign military personnel and foreign decorations to U.S. Army personnel. The regulation provides: a. Commanders serving in the rank of brigadier general/O–7 or above and colonel/O–6 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). This authority may be further delegated to commanders charged with custody of military personnel record files. b. Foreign badges listed in appendix D are not annotated in an individual’s Enlisted Record Brief or entered on the DD Form 214. The approved memorandum for acceptance and wear of foreign badges endorsed by the first general officer in the chain of command or the 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. c. Table D-1 (Foreign badges authorized for acceptance and wear on the Army uniform) of Appendix D, does not include the South Vietnam Jump Wings as an authorized foreign badge. DISCUSSION AND CONCLUSIONS: 1. There is no evidence in the applicant's records indicating he was approved for the acceptance, retention, and permanent wear of the foreign badge. In addition, the South Vietnam Jump Wings is not identified in Appendix D of Army Regulation 600-8-22 as an authorized foreign badge. Further, current Army regulations prohibits the recording of foreign badges on the DD Form 214. 2. In view of the foregoing, there is no basis to grant 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) AR20150005229 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005229 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1