RECORD OF PROCEEDINGS


	IN THE CASE OF:	   .


	BOARD DATE:	  22 November 2005
	DOCKET NUMBER:  AR20050001820 


	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

Mr. G. E. Vandenberg

Analyst


The following members, a quorum, were present:


Mr. Thomas A. Pagan

Chairperson

Mr. Eric N. Anderson

Member

Mr. Joe A. Schroeder 

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Good Conduct Medal and all other awards earned during his service in Iraq.

2.  The applicant states he served with B Company, 1st Battalion, 6th Infantry Regiment in Iraq.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge). 

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant entered active duty on 22 August 2001, completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

2.  A DA Form 4856 (Developmental Counseling Form), dated 24 September 2003 indicates the applicant had been returned from the Iraqi Theater of Operations on 17 September 2003 for medical reasons.

3.  On 22 September 2003 the applicant was afforded a Mental Status Evaluation and was found to be suffering from Dissociative Amnesia.  The Chief of Psychiatry stated that, although the applicant met the retention standards and the applicant's condition did not warrant referral to a Medical Evaluation Board, he met the criteria for an administrative separation since his ability to effectively perform his military duties was significantly impaired.  The Chief of Psychiatry recommended he be separated from active duty.

4.  On 30 September 2003 the applicant's unit commander recommended him for separation under Army Regulation 635-200, paragraph 5-17 due to the diagnosis that the applicant was suffering from Dissociative Amnesia.  

5.  The separation authority approved the separation and directed that the applicant be discharged and issued an Honorable Discharge Certificate.

6.  The applicant's DA Form 2-1 (Enlisted Qualification Record) indicates his overseas assignment to only B Company, 1st Battalion, 6th Infantry Regiment in Germany, on 9 January 2002.  It lists his awards as the National Defense Service Medal and the Army Service Ribbon.


7.  The applicant was honorably discharged as a specialist (E-4) on 22 October 2003 under the provisions of Army Regulation 635-200, paragraph 5-17 for a physical condition not amounting to a disability.  He had 2 years, 2 months, and 1 day of creditable service.

8.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Army Service Ribbon.  It also lists his last duty assignment as with Headquarters, Headquarters Company, 1st Battalion, 6th Infantry Regiment.

9.  The record contains no record of any negative counseling or disciplinary actions. 

10.  Army Regulation 600-8-22 (Military Awards) 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

11.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award. 

12.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

13.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

14.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Service Medal to qualified personnel.  Permanent orders are NOT required. 

15.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Iraq Campaign Medal.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous sea area out to 12 nautical miles and the air space above these areas.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  This campaign medal may be awarded posthumously.

16.  Only one award of the Iraq Campaign Medal may be authorized for any individual.  Service stars are not prescribed for wear with this medal; however, the Iraq Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The available records contain only one reference that indicates that the applicant may have had service in Iraq.  Therefore, there is insufficient evidence to award the applicant the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.

2.  The applicant did serve on active duty during the period for which the Global War on Terrorism Service Medal was authorized.  His records should be corrected to show award of this medal.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by and his promotion to E-4 the absence of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 22 August 2001 through 22 October 2003.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TAP __  __JRS __  __ENA __  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 awarding him the Good Conduct Medal and the Global War on Terrorism Service 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 Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.




__    Thomas A. Pagan_______
          CHAIRPERSON


INDEX

CASE ID
AR20050001820
SUFFIX

RECON
 
DATE BOARDED
20051122 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
  GRANT  
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.