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ARMY | BCMR | CY2009 | 20090002164
Original file (20090002164.txt) Auto-classification: Approved
DOCKET NUMBER:  AR20090002164 


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, in effect, reconsideration of his application for award of the Tunisian Parachutist Badge and addition of the award to his DD Form 214 (Certificate of Release or Discharge from Active Duty).   

2.  The applicant states, in effect, that he is now submitting evidence that shows he was awarded the Tunisian Parachutist Badge.   

3.  In support of his request, the applicant provides a copy of an Award of Foreign Badge memorandum.   

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060010644, dated 27 March 2007.

2.  The applicant's military records show he enlisted in the Army Delayed Entry Program on 23 October 1998.  He enlisted in the Regular Army on 16 August 1999.  He completed basic and advanced individual training and was awarded military occupational specialty 11B, Infantryman.  

3.  In his request for reconsideration, the applicant submits a copy of a Department of the Army, Headquarters, United States Army Southern European Task Force (Airborne), Award of Foreign Badge memorandum, dated 26 January 2001.  The memorandum shows the applicant was authorized to accept and wear the Tunisian Parachutist Badge.  This evidence requires reconsideration of the applicant’s previous request.

4.  The applicant was honorably released from active duty, in pay grade E-5, on 30 May 2004.  He was issued a DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of which does not show he was awarded the Tunisian Parachutist Badge.

5.  On 27 March 2007, the ABCMR recommended that the applicant's DD Form 214 be corrected to show award of the Parachutist Badge with one bronze service star and the arrowhead device to be affixed to his already-awarded Global War on Terrorism Expeditionary Medal.  The Proceedings also noted that his unit had been awarded the Meritorious Unit Commendation; however, the Determination and Recommendation paragraph failed to address this unit award. The Board denied his request for award of the Tunisian Parachutist Badge based on insufficient evidence.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was authorized to accept and wear the Tunisian Parachutist Badge.  Therefore, he is entitled to have this foreign award shown on his DD Form 214.

2.  During the processing of this request for reconsideration, it was discovered that in the processing of the applicant's original ABCMR case, an administrative error occurred.  The evidence showed the applicant was entitled to correction of his records to show the Meritorious Unit Commendation.  However, this unit award was not reflected in the Board's Determination and Recommendation paragraphs.  Therefore, it would be appropriate at this time to also correct his record to show award of the Meritorious Unit Commendation on his DD Form 214.  

3.  In view of the foregoing findings and conclusions, it would be appropriate to further correct the applicant’s records as recommended below.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060010644, dated 27 March 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be further corrected by showing the applicant was authorized award of the Tunisian Parachutist Badge and the Meritorious Unit Commendation; adding these awards to the list of awards already contained on his DD Form 214; and providing him a correction to his DD Form 214 that includes these awards.




      _______ _   ___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)                                         AR20090002164



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090002164


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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