RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002216


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show award of the
Army Good Conduct Medal, Combat Action Badge, and the Army Commendation
Medal (3rd Award).

2.  The applicant states that these awards are not reflected on his DD Form
214.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The Board noted the applicant’s request for award of the Army
Commendation Medal (3rd Award) and the Combat Action Badge.

2.  The applicant's DD Form 214 does not list the Army Commendation Medal
(3rd Award) as an authorized award.  There is no evidence that he was
awarded or was recommended for award of the Army Commendation Medal ((3rd
Award).  The applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of recommendations for award of the Army Commendation Medal (3rd
Award) under this provision of law.  As a result, award of the Army
Commendation Medal (3rd Award) requested by the applicant will not be
discussed further in these proceedings.

3.  Requests for award of the Combat Action Badge must be forwarded to the
Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA,
Alexandria, Virginia 22332-0471.  This award may be requested by letter.
All requests must contain the following:  (1) assignment, attachment or
operational control orders; (2) a copy of the Soldier's Enlisted Record
Brief or DA Form 2-1 (Personnel Qualification Record); (3) a copy of the
chain of command endorsement; (4) a one-page narrative description of the
qualifying incident;  
(5) a certified copy of the DD Form 214; and (6) supporting documentation.
The applicant is required to exhaust all administrative remedies;
accordingly, there will be no further discussion of this issue.

4.  Medal sets for approved awards can be requested through the Defense
Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.

5.  The applicant's DD Form 214 shows he entered active duty on 15 November
2001.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty (MOS) 21B10 (Combat
Engineer).  The applicant served a tour of duty in Iraq during the period
6 April 2003 through 5 April 2004.  He served a total of 3 years of active
federal service, and was honorably separated on 14 November 2004.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the Army Lapel Button, Army Commendation Medal, Army Commendation
Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War
on Terrorism Service Medal, Defense Service Medal, Army Service Ribbon, and
the Driver and Mechanic Badge with Driver-T Bar.  It does not show the
award of the Army Good Conduct Medal.

7.  The applicant's Official Military Personnel Fiche (OMPF) does not
contain any order awarding him the Army Good Conduct Medal.

8.  There are no records of nonjudicial punishment or any type of adverse
actions contained in the applicant's OMPF.  The applicant’s DD Form 214
shows he was awarded two Army Commendation Medals, and was honorably
separated after completing his three years of required active service.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant had 3 year of credible
active service at the time of discharge.  There is no evidence of any type
of adverse action contained in the applicant’s OMPF.  Additionally, his DD
Form 214 shows he was awarded two Army Commendation Medals in a period of
three years and was honorably discharged after completion of his required
active service.  Therefore, we have to presume that there was an
administrative oversight by the applicant's unit and correct his records to
show award of the Good Conduct Medal.

BOARD VOTE:

__ena___  __rml___  __rom___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the award of the Good Conduct Medal for the period of service from
15 November 2001 through 14 November 2004, and issuing the applicant orders
for this award.



                                        Eric N. Anderson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002216                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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