IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090002008
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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal and the Ecuadorian Parachutist Badge.
2. The applicant states that he did not receive the paperwork until after his DD Form 214 was completed.
3. The applicant provides a copy of his DD Form 214, dated 30 June 2007; a copy of a certificate, dated 10 May 2007, showing award of the Meritorious Service Medal; and a copy of a certificate, dated 5 September 2006, showing award of the Ecuadorian Parachutist Badge.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as an infantry second lieutenant and entered active duty on 27 September 2001. He subsequently completed various assignments and was honorably discharged in the rank/grade of captain (CPT)/O-3 on 30 June 2007.
2. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded Army Commendation Medal, the Army Achievement Medal, the Meritorious Unit Commendation, the National Defense Service Medal,
the Global War on Terrorism Service and Expeditionary Medals, the Korea Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert and Combat Infantryman Badges, the Ranger Tab, the Pathfinder badge, the Parachutist Badge, and the Air Assault Badge. Item 24 does not show award of the Meritorious Service Medal and/or the Ecuadorian Parachutist Badge.
3. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Order 130-30, dated 10 May 2007, awarded the applicant the Meritorious Service Medal for meritorious service from 20 June 2005 to 14 May 2007.
4. The applicant submitted a certificate, dated 5 September 2006, that shows he successfully conducted a group jump with the participation of the WHINSEC (Western Hemisphere Institute for Security Cooperation) Jumpmaster Guest Instructor from Ecuador.
5. Army Regulation 600-8-22 (Military Awards) provides for award of foreign badges. It states, in pertinent part, that 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 that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Badges that 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.
6. Commanders (overseas and within Continental United States (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. 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. Any foreign badges not listed in Appendix D will be forwarded to the Commander, U.S. Army Human Resources Command, ATTN: AHRCPDOPA, Alexandria, VA, for approval. Appendix D lists three badges (Ecuadorian Special Operations Badge, Ecuadorian Parachutist Badge, and the Ecuadorian Andinismo Badge) that are authorized for acceptance and wear by U.S. military personnel.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Meritorious Service Medal and the Ecuadorian Parachutist Badge.
2. Permanent orders awarded the applicant the Meritorious Service Medal for meritorious service from 20 June 2005 to 14 May 2007 which is not shown on his DD Form 215; therefore, he is entitled to correction of his DD Form 214 to show this award.
3. With respect to the applicant's foreign badge, there is no evidence in the applicant's records and the applicant did not provide evidence that shows his foreign badge was approved by a commander serving in the rank of brigadier general or higher and/or a colonel-level commander who exercised general court-martial authority or a commander charged with the custody of military personnel record files for acceptance, retention, and permanent wear. The certificate he provided also did not show that he was awarded the Ecuadorian Parachutist Badge; it shows only that he conducted a group airborne jump with the participation of the WHINSEC Jumpmaster Guest Instructor from Ecuador. Therefore, there is an insufficient basis for adding the Ecuadorian Parachutist Badge to the applicant's DD Form 214 in this case.
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 adding the Meritorious Service Medal to the applicant's DD Form 214.
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 the Ecuadorian Parachutist Badge.
_______ _ _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.
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