IN THE CASE OF:	  

		BOARD DATE:	    10 February 2011

		DOCKET NUMBER:  AR20100018919 


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 records to show the Combat Lifesaver Badge.

2.  The applicant states he received the Combat Lifesaver Badge while he was serving in Germany; however, it is not recorded on his separation document.

3.  The applicant provides no additional evidence in support of his application.

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 for a period of 4 years on 19 January 1988.  Upon completion of training he was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  A U.S. Army Enlisted Records and Evaluation Center Correspondence Course Completion Notice shows the applicant completed the Combat Lifesaver Course on 26 May 1990.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not list the Combat Lifesaver Badge in item 9 (Awards, Decorations, and Campaigns).

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), dated 12 April 2004, shows he entered this period of active duty on 19 January 1988 and he was honorably released from active duty on 12 November 1991.

	a.  At the time he had completed 3 years, 9 months, and 24 days of net active service.

	b.  item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle (M-16) and Mortar (81mm) Bars, Sharpshooter Marksmanship Qualification Badge with Grenade and Pistol Bars, National Defense Service Medal, Overseas Service Ribbon, Army Achievement Medal, Parachutist Badge, Army Good Conduct Medal, Combat Infantryman Badge, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 1-44 (Badges and Appurtenances) lists authorized badges and appurtenances.  It does not list the Combat Lifesaver Badge.

	b.  Paragraph 1-48 (Items Not Issued or Sold by Department of the Army) lists items that are not issued by the Department of the Army and shows "identification badges, except as provided in paragraph 1-44."

	c.  Table 8-1 (U.S. Army Badges and Tabs) does not list the Combat Lifesaver Badge as an authorized badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the Combat Lifesaver Badge because he received the badge while serving in Germany.

2.  The evidence of record fails to show the Combat Lifesaver Badge as an authorized U.S. Army badge.

3.  The sincerity of the applicant's comments is not in question.  The applicant may have been issued a locally-designed badge in recognition of his combat lifesaver skills.  However, such badges are not authorized to be entered on the DA Form 2-1 or the DD Form 214.

4.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20100018919



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ABCMR Record of Proceedings (cont)                                         AR20100018919



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