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ARMY | BCMR | CY2005 | 20050005100C070206
Original file (20050005100C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050005100


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 correction of his records to show the
appropriate number of the Army Good Conduct Medal and the Army Reserve
Components Achievement Medal.  He further requests that he be authorized to
wear the Jungle Expert Badge.

2.  The applicant states, in effect, that his mixed service in the Regular
Army and the Army Reserve has all been honorable.  He feels that he should
get the appropriate recognition for his overall service and not be
penalized by the regulatory prerequisites for the award the Army Good
Conduct Medal and the Army Reserve Components Achievement Medal.

3.  The applicant further requests authorization to wear the Jungle Expert
Badge that he was awarded in 1975 during a 3 week training course in Panama
while he was assigned to the1st Battalion, 501st Infantry, at Fort
Campbell, Kentucky.

4.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the period ending 20 September 1983; a DD
Form 214 with the ending period 4 August 1988; a DD Form 214 with the
ending period
7 August 2003; a DD Form 214 with the ending period 26 September 2003; a DD
Form 214 with the ending period 30 September 2005; a memorandum from the
Review Boards Agency Support Division, dated 14 August 2004; a memorandum
from the U.S. Army Human Resources Command, dated 15 March 2005; a DD Form
149 (Application for Correction of Military Record Under the Provisions of
Title 10, U.S. Code, Section 1552), dated 24 March 2004; a U.S. Army
Reserve Personnel Command (AR-PERSCOM), Chronological Statement of
Retirement Points, dated 4 March 2004; and a four page copy of chapter 8,
Army Regulation 600-8-22 (Military Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 October 1974 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 75B (Unit Clerk).  He was
honorably separated on 25 August 1977 and immediately reenlisted on 26
August 1977.

2.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
Permanent Orders 182-102, dated 21 September 1977 show that the applicant
was awarded the Army Good Conduct Medal for the period 29 October 1974
through 28 October 1977.

3.  On 20 February 1978, the applicant was honorably separated and
immediately reenlisted on 21 February 1978.

4.  Headquarters, 25th Infantry Division Permanent Orders 83-7, dated 6
October 1980 show that the applicant was awarded the Army Good Conduct
Medal (2nd Award) for the period 29 October 1977 through 28 October 1980.

5.  On 20 September 1983, he was honorably separated from active duty and
transferred to the U.S. Army Reserve (USAR).

6.  The applicant's DD Form 214 for the period ending 20 September 1983
shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon,
the Army Commendation Medal (1st Oak Leaf Cluster), the Expert Marksmanship
Qualification Badge (M-16), the Non-commissioned Officer Professional
Development Ribbon Numeral 1, and the Army Good Conduct Medal.

7.  There are no orders or certificate in the applicant's records that show
he was awarded the Jungle Expert Badge.

8.  On 21 July 1985, the applicant returned to active duty and served in an
Army Guard Reserve (AGR) position.  He was honorably released from active
duty on 4 August 1988.

9.  A DA Form 2496 (Disposition Form), dated 19 July 1988 shows that the
applicant was awarded the Army Good Conduct Medal (3rd Award) for the
period 5 August 1985 through 4 August 1988.

10.  An AR-PERSCOM Chronological Statement of Retirement Points shows that
the applicant stayed in the USAR until 1 November 1989.  He had a break in
service from 2 November 1989 through 6 July 2002.

11.  On 7 July 2002, the applicant enlisted in the USAR.  He served on
active duty from 10 February 2003 through 7 August 2003 and from 8 August
2003 through 26 September 2003.  He was last ordered to active duty on 13
May 2005 and released from active duty on 30 September 2005.

12.  The applicant's DD Form 214 for the period ending 30 September 2005
shows he was awarded the Global War on Terrorism Service Medal (2nd Award),
the Meritorious Service Medal, the Army Commendation Medal (2nd Award), the
Army Good Conduct Medal (3rd Award), the Army Reserve Components
Achievement Medal, the National Defense Service Medal (2nd Award), the
Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, the
Non-commissioned Officer Professional Development Ribbon Numeral 3, the
Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve
Components Overseas Training Ribbon, and the Expert Marksmanship
Qualification Badge (M-16).

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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Reserve Components Achievement Medal is authorized for award to Army
personnel including Active Guard Reserve officers in the rank of colonel
and below for exemplary behavior, efficiency, and fidelity while serving as
a member of an Army National Guard or Army Reserve troop program unit or as
an individual mobilization augmentee.  Since 3 March 1972 the medal has
been authorized on completion of 4 years service with a Reserve Component
unit.  Individual must have completed 4 years of qualifying service on or
after 3 March 1972 and before the effective date of this regulation (28
March 1995).  Beginning on the effective date of this regulation, the
period of qualifying service for award of the Army Reserve Components
Achievement Medal is reduced from 4 to 3 years.  This change is not
retroactive.  Such years of qualifying service must have been consecutive.
A period of more than 24 hours between Reserve enlistments or officer’s
service will be considered a break in service.  Credit toward earning the
award must begin anew after a break in service.

15.  Army Regulation 600-8-22 provides, in pertinent part, that combat and
special skill badges are awarded to denote proficiency in performance of
duties under hazardous conditions and circumstances of extraordinary
hardship as well as special qualifications and successful completion of
prescribed courses of training.  The "Jungle Expert Badge" is not listed as
an authorized badge. Effective 30 September 1986, locally established
special skill badges are no longer authorized for wear.  Authority for
major commanders to approve local badges is rescinded.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant enlisted in the Regular Army on
29 October 1974 and was honorably released from the Regular Army on
20 September 1983 after completing 8 years, 10 months, and 21 days of
creditable active service.  He was awarded the Army Good Conduct Medal (1st
and 2nd awards) for the periods 29 October 1974 through 28 October 1977 and
29 October 1977 through 28 October 1980.  Since he had completed only a
total of 8 years, 10 months, and 21 days of creditable active service, he
did not have the qualifying service of three years of continuous enlisted
active Federal military service for him to be considered for the Army Good
Conduct Medal (3rd Award).

2.  It appears the applicant served with a USAR unit from 21 September 1983
until 20 July 1985, when he returned to active duty in an AGR position.
This was less than 4 years so he did not qualify for the Army Reserve
Components Achievement Medal.

3.  Records show the applicant was awarded the Army Good Conduct Medal (3rd
award) for the period 5 August 1985 through 4 August 1988 during an AGR
tour. It cannot be determined if he served with a reserve unit after his
AGR tour until he separated from the USAR on 1 November 1989.

4.  The applicant enlisted in the USAR on 7 July 2002.  As his DD Form 214
with the ending period 30 September 2005 shows that he was awarded the Army
Reserve Components Achievement Medal it appears he was awarded this award
upon completing 3 years with a reserve unit.

5.  It is unfortunate that the applicant feels that he is being penalized
by the regulatory prerequisites for the above awards.  As the applicant
acknowledges, the regulation does not provide for an exception to policy to
the rules that govern the qualifying periods of service for the Army Good
Conduct Medal or the Army Reserve Components Achievement Award.  However,
the Board does not write policy.  The Board corrects military records.  The
applicant provides no evidence to show that he has not been treated in a
manner similar to those in his same circumstances with regard to the
requested awards.

6.  There is no evidence of record that shows that the applicant was
awarded the Expert Jungle Badge.  This badge is not listed as an authorized
award in Army Regulation 600-8-22.  In accordance with Army Regulation 600-
8-22 effective
30 September 1986, locally established special skill badges are no longer
authorized for wear.  This applies to the Expert Jungle Badge issued before
that period.  There is an insufficient basis for award of the Expert Jungle
Badge in this case.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TSK_ _  __ RLD  _  __JBM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




                                  ___ Mr. Ted S. Kanamine ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005100                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 December 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0058.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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