RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060010644 


	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. Gerard W. Schwartz

Acting Director

Mr. Andrew C. Jacobs

Analyst


The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Chester Damian

Member

Ms. Ernestine Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show the award of the Parachutist Badge with Bronze Service Star and Arrowhead, and the Tunisian Parachutist Badge. 

2.  The applicant essentially states that his DD Form 214 (Certificate of Release or Discharge From Active Duty) does not show these awards. 

3.  The applicant provides his DD Form 214, an unofficial copy of a permanent order from the 173rd Airborne Brigade essentially showing that he was awarded the Parachutist Badge with Bronze Service Star and Arrowhead, and a Parachute Certificate with regard to combine training issued by the Republic of Tunisia in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
30 May 2004, the date of his release from active duty.  The application submitted in this case is dated 18 July 2006.

2.  The applicant’s DD Form 214 that was issued at the time of his release from active duty shows that he was awarded the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the NATO Medal, the Combat Infantryman Badge, the Expert Infantryman Badge, the Parachutist Badge, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Hungarian Parachutist Badge.

3.  The applicant provided an unofficial copy of Headquarters, 173rd Airborne Brigade Permanent Orders Number 145-19, dated 24 May 2004, which essentially shows, in pertinent part, that he was awarded the Parachutist Badge with Bronze Service Star and Arrowhead Device for participating in a parachute assault landing into enemy controlled territory on 26 March 2003.  The analyst in the case contacted officials of the 173rd Airborne Brigade and requested an official copy of orders.  This resulted in two separate orders awarding the applicant the Parachutist Badge with Bronze Service Star and the Arrowhead Device.



4.  Headquarters, 173rd Airborne Brigade Permanent Orders Number 145-1, dated 24 May 2004, awarded the applicant the Parachutist Badge with Bronze Service Star. Also, United States Army Human Resources Command, Alexandria, Virginia Permanent Orders Number 141-15, dated 20 May 2004, awarded assault landing credit to the 1st Battalion, 508th Infantry Regiment, which was the applicant’s unit of assignment at the time.

5.  The applicant provided a Parachute Certificate with regard to combine training issued by the Republic of Tunisia.  However, he did not provide a certificate which clearly shows that he successfully completed the Tunisian Parachute Course or requirements for the Tunisian Parachutist Badge.  

6.  During a review of the applicant’s records, it was determined that he is entitled to a unit award that is not shown on his DD Form 214.

7.  The applicant’s DD Form 214 does not show that he was awarded the Meritorious Unit Commendation; however, the Meritorious Unit Commendation was awarded to the 1st Battalion, 508th Infantry Regiment while the applicant was assigned to this unit.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, requirements for award of the basic Parachutist Badge.  Paragraph 8-11g states that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldiers to receive the parachutist badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Arrowhead Device is a bronze replica of an Indian arrowhead 1/4-inch high.  It denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  A Soldier must actually exit the aircraft or watercraft, as appropriate, to receive assault credit.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is attached or assigned at the time of the assault.  Should a unit be denied assault credit, no assault credit will accrue to the individual Soldiers of that unit.  It is worn on the service and suspension ribbons of the Asiatic-Pacific Campaign, the European-African-Middle Eastern Campaign, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal and the Global War on Terrorism Expeditionary Medal.  Only one arrowhead will be worn on any ribbon. 

10.  Paragraph 9-26b of Army Regulation 600-8-22 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 of this same regulation.  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.

11.  Appendix D of Army Regulation 600-8-22 lists the foreign badges authorized for acceptance and wear on the Army uniform.  It provides, in pertinent part, that the Tunisian Parachutist Badge is authorized for wear if the individual successfully completed the Tunisian Parachute Course.  It also essentially states that if an individual has not successfully completed the Tunisian Parachute Course, they may only accept the badge. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Parachutist Badge with Bronze Service Star and Arrowhead, and the Tunisian Parachutist Badge. 

2.  Permanent orders awarded the applicant the Parachutist Badge with Bronze Service Star.  Therefore, he is entitled to correction of his military records to show the award of the Parachutist Badge with Bronze Service Star.

3.  Permanent orders also awarded assault landing credit to the 1st Battalion, 508th Infantry Regiment, and essentially to the application, for participating in a combat parachute jump.  Therefore, he is entitled to correction of his military records to show the Arrowhead Device to be affixed to his Global War on Terrorism Expeditionary Medal.

4.  Although the applicant provided a Parachute Certificate with regard to combined training issued by the Republic of Tunisia, he did not provide a certificate which clearly shows that he successfully completed the Tunisian 
Parachute Course or that he was awarded the Tunisian Parachutist Badge.  Therefore, absent evidence which conclusively shows that he successfully completed the Tunisian Parachute Course or that he was awarded the Tunisian Parachutist Badge, there is insufficient evidence to grant relief to this portion of the applicant’s request. 

5.  The Meritorious Unit Commendation was awarded to the 1st Battalion, 508th Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation and correction of his military records to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KW __  __CD  __  ___EF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 showing the award of the Parachutist Badge with Bronze Service Star, and the Arrowhead Device to be affixed to his Global War on Terrorism Expeditionary 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 awarding the Tunisian Parachutist Badge to the applicant.  




____  Kenneth Wright________
          CHAIRPERSON




INDEX

CASE ID
AR20060010644
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0120.0000 (Add bronze service star)
2.
107.0137.0000 (Add Arrowhead Device)
3.
107.0000.0000 (Tunisian Parachutist Badge)
4.
107.0034.0000
5.
110.0400.0000
6.