IN THE CASE OF:	  

		BOARD DATE:	       21 MAY 2009

		DOCKET NUMBER:  AR20090000309 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, the Combat Medical Badge, two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)), the Louisiana Emergency Service Medal, and the Royal Australian Army Parachutist Badge.  

2.  The applicant states that he received orders for these awards after his DD Form 214 was completed.

3.  The applicant provides the following documents in support of his application:  his DD Form 214; Permanent Orders 214-007, dated 2 August 2007, awarding him the Combat Medical Badge; his certificate for award of the Combat Action Badge, dated 31 March 2008; two certificates for award of the Army Commendation Medal, dated 27 December 2007 and 15 September 2007; a certificate from the Parachute Training School, dated 15 February 2006; and a memorandum from the Adjutant General, Louisiana Army National Guard, dated 8 March 2006.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 July 2004.  At the completion of the required training, he was awarded military occupational specialty 68W (Health Care Specialist).  His highest grade attained was specialist, E-4.  

2.  The applicant provided a certificate, dated 15 February 2006, from the Australian Army, Parachute Training School which shows he successfully completed Royal Australian Army Parachutist Training and was authorized to wear the Royal Australian Army Parachutist Badge.  There is no evidence of record which indicates that the appropriate U.S. Army commander approved the acceptance or permanent wear of the Royal Australian Army Parachutist Badge.  

3.  In an 8 March 2006 memorandum, the Adjutant General, Louisiana Army National Guard announced award of the Louisiana Emergency Service Medal to the applicant for participation in Hurricane Katrina/Rita relief efforts.  The Louisiana Emergency Service Medal is not listed as an authorized award in Army Regulation 600-8-22 (Military Awards).  

4.  His DD Form 214 shows he arrived in Afghanistan on 22 January 2007.  

5.  Headquarters, Combined Joint Task Force-82, Operation Enduring Freedom Permanent Orders 214-007, dated 2 August 2007, show the applicant was awarded the Combat Medical Badge for service in active ground combat on 4 June 2007.  

6.  The applicant's certificate, dated 15 September 2007, shows he was awarded the Army Commendation Medal by Headquarters, 4th Brigade Combat Team (BCT), Combined Task Force (CTF) FURY, Permanent Order 258-304 for meritorious service while deployed in support of Operation Enduring Freedom from 29 February 2007 to 19 April 2008.

7.  The applicant's certificate, dated 27 December 2007, shows he was awarded the Army Commendation Medal by Headquarters, 4th BCT, CTF FURY, Permanent Order 361-03 for meritorious service while assigned to Company C, 782nd Brigade Support Battalion from 7 March 2005 to 7 July 2008.

8.  The applicant provided a certificate, dated 31 March 2008, which shows he was awarded the Combat Action Badge for combat operations in Afghanistan in direct support of Operation Enduring Freedom on 17 January 2008.

9.  His DD Form 214 shows he departed Afghanistan on 14 April 2008.

10.  The applicant was released from active duty on 18 July 2008.  Item 13 on his DD Form 214 shows entitlement to one award of the Army Commendation Medal.
11.  Table D-1 (Foreign Badges) of Army Regulation 600-8-22 lists the Royal Australian Army Parachutist Badge.  Paragraph 9-26(b) of this regulation states that commanders (overseas and CONUS (continental United States)) 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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate, dated 31 March 2008, which verifies he was awarded the Combat Action Badge for combat operations in Afghanistan in support of Operation Enduring Freedom.  This certificate is accepted as sufficient evidence on which to base correction of his DD Form 214 to show award of the Combat Action Badge.

2.  Permanent orders show the applicant was awarded the Combat Medical Badge in June 2007; therefore, his DD Form 214 should be amended to show this badge.

3.  Orders show the applicant received two awards of the Army Commendation Medals, one award for meritorious service during Operation Enduring Freedom and the other award as a unit permanent change of station (PCS) award.  Therefore, it would be appropriate to amend his DD Form 214 to show two awards of the Army Commendation Medal.  

4.  The applicant provided a memorandum, dated 8 March 2006, which authorized him the Louisiana Emergency Service Medal for participation in Hurricane Katrina/Rita relief efforts.  However, the Military Awards regulation does not list the Louisiana Emergency Service Medal as an authorized award.  Therefore, there is no basis for recording this award on the applicant's DD Form 214.

5.  The applicant provided a certificate, dated 15 February 2006, from the Australian Army, which authorized him to wear the Royal Australian Army Parachutist Badge.  However, there is no evidence available which shows the applicant was authorized to accept or to wear the Royal Australian Army Parachutist Badge by a U.S. Army official.  Therefore, the Royal Australian Army Parachutist Badge is not authorized to be recorded on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ____X____  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:

	a.  deleting the Army Commendation Medal from item 13 on his DD Form 214; and

	b.  amending item 13 of his DD Form 214 to add the Combat Action Badge, the Combat Medical Badge, and the Army Commendation Medal (First Oak Leaf Cluster).

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 amending his DD Form 214 to show the Louisiana Emergency Service Medal and the Royal Australian Army Parachutist Badge.




      _______ _   _XXX______   ___
       	   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)                                         AR20090000309



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ABCMR Record of Proceedings (cont)                                         AR20090000309



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