BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022488 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 November 2009 to reflect:

* total prior service and total prior inactive service 
* award of the Army Achievement Medal, German Armed Forces Proficiency Badge, and the Basic Airborne Course

2.  The applicant states the Human Resources personnel at Fort Huachuca, AZ stated they could not calculate her active duty school service dates, including the Basic Airborne Course, without the order for the school.  She also states the above awards arrived too late for them to be added to her DD Form 214.

3.  The applicant provides DD Forms 214 for the periods ending 5 November 2009 and 9 May 2008; 81st Regional Readiness Command Order Number 082936; Headquarters, U.S. Army Infantry Center Orders 149-2868; Headquarters, U.S. Army Infantry Center Orders 157-2910; Airborne Course Diploma; DA Form 638 (Recommendation for Award) for the Army Achievement Medal and the Certificate; Certificate of Achievement for the German Armed Forces Proficiency Badge; and U.S. Army Intelligence Center of Excellence Memorandum, Subject: Request for Authorization to Accept, Retain, and Wear a Foreign Decoration.




CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) on 5 November 2005.  She completed initial entry training and was awarded the military occupational specialty of 27D (Paralegal Specialist).  She was discharged from the USAR on 20 May 2008 and she was appointed the following day as a Reserve Commissioned Officer of the Army in the rank of second lieutenant in the military intelligence branch.  She was promoted to the rank of first lieutenant in November 2009.

2.  Regarding that portion of the applicant's request for her DD Form 214 for the period ending 5 November 2009 to reflect her total prior service and total prior inactive service, in accordance with paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, the Board will not consider any request if it determines the applicant has not exhausted all administrative remedies available to the applicant.  There is no evidence the applicant has attempted to resolve the above issues through her unit and the USAR.  Therefore, that portion of the applicant's request will not be further discussed in this record of proceedings.

3.  On 7 June 2009, the applicant entered active duty for training.  She was released from active duty on 5 November 2009 and transferred back to a USAR troop program unit.  Her DD Form 214 for this period does not show she was awarded the Army Achievement Medal or the German Armed Forces Proficiency badge and does not show she completed the Basic Airborne Course.

4.  Permanent Orders Number 306-0002, dated 2 November 2009, awarded her the Army Achievement Medal.

5.  Her records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain a Certificate of Achievement for the German Armed Forces Proficiency Badge.  These records also contain a U.S. Army Intelligence Center of Excellence memorandum, subject: Request for Authorization to Accept, Retain, and Wear a Foreign Decoration, dated 5 November 2009, approving the acceptance, retention and wear of this badge.

6.  81st Regional Readiness Command Order Number 082936, dated 21 April 2008, shows she was ordered to active duty for training to attend the Basic Airborne Course for a period of 23 days beginning not later than 22 May 2008.  


An Airborne Course Diploma contained in iPERMS shows she successfully completed the course on 13 June 2008.

7.  Army Regulation 635-5 (Separation Documents) states that for military education entries in item 14, list formal in-service (full-time) attendance noncombat related training courses successfully completed during the period of service covered by the DD Form 214.  It further states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

8.  Army Regulation 600-8-22 states 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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders Number 306-0002, dated 2 November 2009, awarded her the Army Achievement Medal.  As such, she is entitled have the Army Achievement Medal added to her DD Form 214, item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized).

2.  Evidence shows she was authorized to accept, retain, and wear the German Armed Forces Proficiency Badge by proper authority.  As such, she is entitled have this badge added to item 13 of her DD Form 214.

3.  Her records show she did not attend the Airborne Course during a period of active duty covered by a DD Form 214.  As such, she is not entitled to have this course entered on her DD Form 214.

4.  In view of the foregoing, the applicant is entitled to have her records corrected as shown below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the individuals DD Form 214 for the period ending 5 November 2009 be corrected by adding the Army Achievement Medal and German Armed Forces Proficiency Badge to item 13.

2.  The Board further determined that the evidence presented was 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 entering the Airborne Course on her DD Form 214.




      _______ _  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)                                         AR20100022488



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ABCMR Record of Proceedings (cont)                                         AR20100022488



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