Item 1:  Then he is exactly the Scout who the first version of the change was intended to apply to.  His EBOR will be after August 1, so it doesn't matter when his birthday is.  (As opposed to Scouts whose EBOR was before August 1, who only get the palms if their 18th birthday is also before August 1.)  Again, that assumes I understand this correctly.   Item 2:   There are, which is how my son (who had his EBOR near the end of 2009) has both the "regular" version of the Eagle patch, which was in his kit, and the "centennial" version, which was not.