BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011647 


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 the Bronze Order of the de Fleury Medal, the Meritorious Unit Commendation, the Joint Meritorious Unit Award, the Afghanistan Campaign Medal with two bronze service stars, the Combat Action Badge, the Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars, the Physical Fitness Badge, the U.S. Air Force (USAF) Longevity Service Ribbon, and the Humanitarian Service Medal.

2.  The applicant states that the above awards are not listed on his DD Form 214 and several were approved after his demobilization.

3.  The applicant provides a copy of a certificate and a memorandum showing award of the Army Engineer Association Bronze Order of the de Fleury Medal; a copy of a memorandum, dated 9 July 2007, showing award of the Meritorious Unit Commendation; an extract of approved unit awards from the Military Awards Branch, U.S. Army Human Resources Command (USAHRC), Alexandria, VA; a memorandum and citation, dated 1 April 2008, showing award of the Joint Meritorious Unit Award; a copy of Military Personnel (MILPER) Message Number 08-123, dated 30 April 2008, subject:  Afghanistan Campaign Medal and Iraq Campaign Medal; a copy of Permanent Orders 362-023, dated 28 December 2006, showing award of the Combat Action Badge; a copy of his DD Forms 214, dated 2 November 1995 and 6 May 2007; a copy of his USAF DD Form 214, dated 31 January 1986; and a copy of his USAF DD Form 215 (Correction to DD Form 214), dated 21 August 1987, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the USAF on 1 February 1982 and was honorably discharged on 31 January 1986.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows he was awarded the USAF Achievement Medal, the USAF Outstanding Unit Award, the USAF Good Conduct Medal, the USAF Basic Military Training Honor Graduate Ribbon, the Small Arms Expert Marksmanship Ribbon with Device, and the USAF Training Ribbon.  On 21 August 1987, the applicant was issued a DD Form 215 that added award of the USAF Longevity Service Award and the Humanitarian Service Medal.

2.  The applicant's records also show he enlisted in the U.S. Army Reserve (USAR) on 28 June 1987.  He executed a 6-year reenlistment in the USAR on 13 May 1993.  He entered active duty on 4 October 1995, completed the Reserve Component (RC) Warrant Officer (WO) Candidate School, and was honorably discharged on 2 November 1995 in the rank/grade of sergeant first class/E-7 to accept an appointment as a WO in the Army.

3.  The DD Form 214 he was issued for this period of service shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Reserve Components Achievement Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bars, the Physical Fitness Excellence Badge, and the Career Counselor Badge in addition to the previously listed awards.

4.  On 3 November 1995, the applicant was appointed as a Reserve WO of the Army.  He subsequently completed several military training courses and served in various staff and/or leadership positions.  He was promoted to chief warrant 
officer two on 4 November 1997 and to chief warrant officer three on 4 November 2003.

5.  On 9 January 2006, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan for a period of 11 months and 22 days from 15 March 2006 to 6 March 2007.  He was assigned to Detachment 2, 961st Engineer Battalion.  He was honorably released from active duty to the control of his USAR unit on 6 May 2007.

6.  Item 13 of his DD Form 214 for this period of service shows he was awarded the Bronze Star Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal (3rd Award), the USAF Achievement Medal, the USAF Outstanding Unit Award, the USAF Good Conduct Medal, the Army Reserve Components Achievement Medal (6th Award), the National Defense Service Medal with one bronze service star, the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal, the Humanitarian Service Medal, the NCO Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Component Overseas Training Ribbon, the USAF Basic Military Training Honor Graduate Ribbon, the Armed Forces Reserve Medal with "M" Device and 20-year Device, the USAF Training Ribbon, the Military Outstanding Volunteer Service Medal, the North Atlantic Treaty Organization Medal, and the Career Counselor Badge.

7.  The applicant submitted a copy of a certificate that shows he was awarded the Army Engineer Association Bronze Order of the de Fleury Medal in recognition of his superb support provided to the Engineer Regiment.

8.  The USAHRC Awards and Decorations Branch Soldier Programs and Services Division website shows Detachment 2, 961st Engineer Battalion, was awarded the Meritorious Unit Commendation for service in from 11 March 2006 to 5 January 2007 based on Department of the Army general orders (to be determined).

9.  Joint Staff Permanent Order Number J-ISO-0061-08 and Joint staff memorandum, dated 1 April 2008, announced that the Chairman of the Joint Chiefs of Staff awarded the Joint Meritorious Unit Award to Headquarters, U.S. Army Central Command, MacDill USAF Base, FL, for exceptionally meritorious achievement from 1 January 2006 to 1 March 2008.  Only those members of the Armed Forces of the United States who were present at the time and directly participated in the service or achievement for 30 days or more or for the period cited if less than 30 days are authorized to wear this award.  Personnel must be assigned and/or attached by official orders to the joint unit or task force headquarters receiving the award.

10.  MILPER Message Number 08-123, dated 30 April 2008, designated three campaigns with the Afghanistan Service Medal:  the Liberation of Afghanistan from 11 September 2001 to 30 November 2001, the Consolidation I from 1 December 2001 to 30 September 2006, and the Consolidation II from 1 October 2006 to a date to be determined.  Furthermore, Army Regulation 
600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.

11.  Headquarters, Combined/Joint Task Force 76, Bagram Airfield, Afghanistan, Permanent Orders 362-023, dated 28 December 2006, show the applicant was awarded the Combat Action Badge for engaging or being engaged by the enemy on 20 July 2006.

12.  Army Regulation 600-8-22 provides for the Physical Fitness Badge.  This badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 February 1999, Soldiers who obtain a minimum score of 270 or above with a minimum of 90 points per event on the Army Physical Fitness Test and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  Permanent orders are not required for award of the Physical Fitness Badge.  The wear of this badge is governed by Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia).

13.  The U.S. Army Center for Military History website provides a brief history of the Order of the de Fleury Medal.  It states, in pertinent part, that as the Corps of Engineers implemented the U.S. Army Regimental system, the senior Engineer leadership sought a method for the Corps of Engineers to honor those individuals who provided significant contributions to Army Engineering.  The Army regimental system was developed to emphasize the history, customs, and traditions of the Corps, so Major General Schroeder, then Commanding General of Fort Leonard Wood and Engineer School Commandant, wanted an award that would tie in with the beginnings of the Nation and the Army Corps of Engineers.  In 1777, a French engineer volunteered to serve with the American Army in its fight for independence from Britain.  Francois Louis Tesseidre de Fleury was trained as an engineer and served in the French Army during the Corsican campaign.  The Continental Congress appointed de Fleury as a captain of engineers and he quickly proved himself.  The Engineer regiment adopted the Order of the de Fleury Medal as an award because of the values demonstrated by the man for whom it was struck -- values of special meaning to Engineer Soldiers.  It is understood that the Order of the de Fleury Medal was the first Congressional medal struck, if not the first medal authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show several missing awards and decorations.

2.  Permanent orders awarded the applicant the Combat Action Badge for engaging or being engaged by the enemy on 20 July 2006 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
3.  General orders awarded the applicant's unit of assignment the Meritorious Unit Commendation for service from 11 March 2006 to 5 January 2007 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant was previously awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bars, the Physical Fitness Badge, and the USAF Longevity Service Ribbon which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  The evidence of record shows the applicant was awarded the Afghanistan Campaign Medal.  Additionally, he participated in the Consolidation I and Consolidation II campaigns during his service in Afghanistan; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Afghanistan Campaign Medal.

6.  With respect to the Army Engineer Association Bronze Order of the de Fleury Medal, this medal is a regimental medal unique to the Corps of Engineers.  The Department of Defense Awards Manual and Army Regulation 600-8-22 do not list this award as an approved award.  Therefore, there is no provision to list it on the DD Form 214.

7.  With respect to the Humanitarian Service Medal, the applicant's DD Form 215, dated 21 August 1997, documents the applicant's Humanitarian Service Medal.  This award is further listed on his DD Forms 214, dated 2 November 1995 and 6 May 2007.  It is unclear if the applicant was awarded two awards of the Humanitarian Service Medal or if the one listed on his USAF DD Form 215 is the same award listed on his subsequent DD Forms 214.  His official record is void of any documentation that may establish his entitlement.  Therefore, in the absence of additional documentary evidence that shows he was awarded a second Humanitarian Service Medal, there is insufficient evidence to grant him relief.

8.  With respect to the Joint Meritorious Unit Award, the evidence of record shows that Headquarters, U.S. Army Central Command, was awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement in support of Operations Enduring Freedom and Iraqi Freedom from 1 January 2006 to 1 March 2008.  However, there is no indication that the applicant was assigned or attached to Headquarters, U.S. Central Command, or that the award was conferred on subordinate units.  Therefore, there is insufficient evidence to grant him relief.
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 to his DD Form 214, dated 6 May 2007, the Combat Action Badge, the Meritorious Unit Commendation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bars, the Physical Fitness Badge, the USAF Longevity Service Ribbon, and two bronze service stars to be affixed to his already-awarded Afghanistan Campaign 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 the Bronze Order of the de Fleury Medal, the Joint Meritorious Unit Award, and the Humanitarian Service Medal.



      ___________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)                                         AR20090011647



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