PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 May 2003
         DOCKET NUMBER: AR2003080523


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Thomas B. Redfern		Chairperson
Ms. Linda D. Simmons		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the "Expeditionary Medal" [correctly known as the Armed Forces Expeditionary Medal], the "Joint Service Medal" [correctly known as the Joint Service Achievement Medal or the Joint Service Commendation Medal], the Good Conduct Medal, the Army Commendation Medal and seven awards of the Army Achievement Medal.

3. The applicant states that these medals are not shown on his DD Form 214. In support of his application, he submitted a copy of his DD Form 214.

4. The Board noted the applicant's request for award of the Joint Service Achievement Medal or the Joint Service Commendation Medal. However, these awards are Department of Defense awards and must be processed and approved in accordance with DOD Instruction 1348.33, "Military Awards Program." They have been addressed by separate correspondence. Therefore, the Joint Service Achievement Medal and the Joint Service Commendation Medal will not be further discussed in these Proceedings.

5. The applicant’s military records show that he enlisted in the Regular Army on 11 September 1998 for a period of four years. He successfully completed basic and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout). The applicant was honorably released from active duty on 10 September 2002 in the rank of sergeant.

6. The applicant's DD Form 214 does not show the Armed Forces Expeditionary Medal, the Joint Service Achievement Medal, the Joint Service Commendation Medal, the Good Conduct Medal, the Army Commendation Medal or any awards of the Army Achievement Medal as authorized awards.

7. There are no orders which show the applicant was awarded the Armed Forces Expeditionary Medal. His DA Form 2-1 (Personnel Qualification Record) does not list the Armed Forces Expeditionary Medal in item 9 (Awards, Decorations and Campaigns).

8. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and his discharge document shows he was released from active duty with a Reentry Code of RE-1.

9. There are no orders which show the applicant was awarded the Army Commendation Medal. There is no evidence that he was recommended for award of the Army Commendation Medal. His DA Form 2-1 does not list the Army Commendation Medal in item 9. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.
10. The applicant provided a copy of an award certificate for award of the Army Achievement Medal. This certificate shows that the applicant was awarded the Army Achievement Medal for meritorious achievement on 25 August 2001 by Headquarters 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division Permanent Orders Number 249-14.

11. The applicant also provided a copy an award certificate which shows he was awarded the Army Achievement Medal for meritorious achievement from 26 February 2002 to 28 February 2002 by Headquarters 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division Permanent Orders Number 101-01. There is no evidence available to the Board which shows the applicant was awarded any additional awards of the Army Achievement Medal.

12. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

13. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Achievement Medal.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows he was awarded or met the qualifications for award of the Armed Forces Expeditionary Medal. Therefore, there is no basis for awarding the applicant the Armed Forces Expeditionary Medal.
2. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 11 September 1998 through 10 September 2001. Therefore, his records will be corrected to show the Good Conduct Medal.

3. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is no basis for granting him award of the Army Commendation Medal.

4. The Board considered the applicant's request for seven awards of the Army Achievement Medal.

5. Upon review of the award certificates submitted by the applicant, the Board has determined that he is entitled to only two awards of the Army Achievement Medal. Therefore, the applicant's DD Form 214 will be corrected to show two awards of the Army Achievement Medal (Army Achievement Medal with First Oak Leaf Cluster).

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal and the Army Achievement Medal (First Oak Leaf Cluster).

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

TBR____ LDS_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Thomas B. Redfern_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003080523
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030501
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.