IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017542 


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 Army Commendation Medal (ARCOM), Army Achievement Medal (AAM) (2nd Award), and all authorized awards and decorations issued after his separation to include the "combat patch" (taken to mean the shoulder sleeve insignia for wartime service) for his service in Afghanistan. 

2.  The applicant states, in effect, that he was deployed to Afghanistan and received the combat patch, ARCOM, and the AAM (2nd Award) after he was discharged in September 2014, and they are not listed on his DD Form 214. 

3.  The applicant provides:

* Enlisted Record Brief (ERB)
* DA Form 1307 (Individual Jump Record)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 January 2009.  He completed training and was awarded military occupational specialty 31B (Military Police).

2.  A memorandum dated 30 July 2012, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC authorized the applicant to accept and wear the German Armed Forces Parachutist Badge in Bronze.

3.  On 24 July 2014, the applicant was awarded the AAM (2nd Award) by Permanent Order 205-05 issued by Headquarters, 503rd Military Police Battalion (Airborne) for the period 24 March 2014 to 26 March 2014.  Item 10 (Recommended Award) of his DA Form 638 (Recommendation for Award) shows the award recommender recommended award of the AAM "First Oak Leaf Cluster" (i.e., the second award).  This order is filed in his official military personnel file (OMPF).

4.  On 27 August 2014, he was recommended and approved for the ARCOM for the period of 9 August 2011 to 10 October 2014 by Permanent Order 239-04 issued by Headquarters, 16th Military Police Brigade.  Item 8 (Previous Awards) of his DA Form 638 shows he only had the AAM (1st Award).  A copy of the ARCOM Certificate with order number is filed in his OMPF.

5.  The applicant's ERB dated 5 September 2014 does not show he served in Afghanistan.  In addition, among other awards his ERB only shows one award of the AAM.

6.  On 4 September 2014, he was honorably discharged from active duty.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* AAM 
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award) 
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp

b.  item 18 (Remarks) no entry for deployed service

7.  His records are void of documentation showing he was awarded a second award of the AAM.

8.  The Defense Finance and Accounting Service (DFAS) did not confirm the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Afghanistan.  A review of his leave and earnings statements provided by DFAS shows he received hazardous duty pay from 27 August 2009 to 31 October 2009.

9.  Army Regulation 600-8-22 (Military Awards) states commanders (overseas and 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 of this regulation.  Appendix D lists the German Armed Forces Parachutist Badge (bronze, silver, and gold) as authorized for acceptance and wear.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's OMPF shows he was recommended and approved for the ARCOM for the period of 9 August 2011 to 10 October 2014.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  The memorandum from Headquarters, XVIII Airborne Corps, Fort Bragg, Fort Bragg NC, authorized the applicant to accept and wear the German Armed Forces Parachutist Badge in Bronze.  He is entitled to correction of his DD Form 214 to show this award.

3.  There are no orders to support two awards of the AAM.  However, a DA Form 638 indicates he was recommended for and awarded the AAM (2nd Award).  Any doubt regarding the number of AAMs he received should be resolved in his favor.  It would be appropriate to correct his DD Form 214 to show the AAM (2nd Award). 

4.  Notwithstanding the applicant's contention he served in Afghanistan, there is insufficient evidence to show he served at that location because his ERB did not show it and his pay records show he did not receive HF/IDP or CZTE.  In addition, there is no requirement to list a U.S. Army shoulder sleeve insignia (combat patch) on a 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 amending his DD Form 214 to show the ARCOM, AAM (2nd Award), and the German Armed Forces Parachutist Badge in Bronze.

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 the U.S. Army shoulder sleeve insignia or "combat patch" to his 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)                                         AR20140014887



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ABCMR Record of Proceedings (cont)                                         AR20140017542



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