RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 January 2007
      DOCKET NUMBER:   AR20060007706


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Roland Venable                |     |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 his report of separation (DD Form 214) be
corrected to reflect his awards of the Combat Infantryman Badge (CIB), the
Army Achievement Medal (AAM) and three awards of the Army Commendation
Medal (ARCOM).

2.  The applicant states that he was awarded the CIB, the AAM and three
awards of the ARCOM (ARCOM w/2nd OLC [oak leaf cluster]); however, he did
not receive orders for all of the awards.

3.  The applicant provides a copy of his DD Form 214 and copies of awards
certificates for one award of the AAM and three awards of the ARCOM.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army in Raleigh, North Carolina on 9 May
2001 for a period of 3 years.  He completed his one-station unit training
(OSUT) at Fort Benning, Georgia and was awarded the military occupational
specialty (MOS) of an indirect fire infantryman.  Upon completion of his
training he was transferred to Korea, where he served until being
transferred to Fort Hood, Texas, for duty in an armor battalion.

2.  He deployed to Iraq on 8 April 2003, was advanced to the pay grade of E-
4 on 1 September 2003, and returned to Fort Hood on 16 April 2004.

3.  On 8 May 2004, he was honorably released from active duty (REFRAD) due
to completion of required service.  He had served 3 years of total active
service and his DD Form 214 issued at the time of his REFRAD indicates that
he was awarded the Army Lapel Button, the Global War on Terrorism
Expeditionary Medal, the Global War on Terrorism Service Medal, the
National Defense Service Medal, the Korea Defense Service Medal, the Army
Service Ribbon, and the Overseas Service Ribbon.

4.  A review of the available records fails to show that the applicant was
awarded the CIB or that he met the criteria for award of the CIB.
Additionally, there are no orders present in the available records showing
that he was awarded an AAM or ARCOM.  It is also noted that there is no
derogatory information contained in his records that would serve to
disqualify him for award of the Good Conduct Medal (GCMDL).

5.  The copies of awards certificates submitted by the applicant indicate
that he was awarded the AAM for the period of 8 May 2001 to 7 May 2004 by
orders number 057-01, issued by Headquarters, 1st Battalion, 67th Armor
Regiment in Iraq.  He also submits certificates showing that he was awarded
two ARCOMs on permanent order number 036-39, one for the period of 1
September 2003 to
12 September 2003 and one for the period of 9 April to 30 October 2003.  He
also provides a certificate showing that he was awarded the ARCOM in
permanent orders number 050-95 dated 19 February 2004 for the period of
1 September to 12 September 2003, the same period covered in the ARCOM
issued in permanent order number 036-39.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.

7.  AR 600-8-22 also 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.

8.  Army Regulation 600-8-22 further states that only one decoration will
be awarded to an individual for the same act, achievement, or period of
meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The Board accepts the applicant’s contention that he was awarded the
AAM.  Therefore. It would be appropriate to enter that award on his DD Form
214 at this time.

2.  However, the applicant’s three awards of the ARCOM include two awards
for the same period, which is precluded by the applicable regulation.
Accordingly, it would be appropriate to enter only two awards of the ARCOM
(ARCOM w/1OLC) to his DD Form 214 at this time.

3.  The applicant’s contention that he was awarded the CIB has been noted;
however, he has failed to show through the evidence submitted with his
application or the evidence of record that he was awarded the CIB or that
he met the criteria for that award.  Therefore, absent evidence to show
that he engaged the enemy in combat while assigned to an infantry unit,
there appears to be no basis to award him the CIB at this time.

4.  A review of the applicant's records revealed no disqualifying
information that would result in denial of the Good Conduct Medal to the
applicant.  There are no entries or documents indicating that he was ever
disqualified from award of the Good Conduct Medal by any of his unit
commanders.  There is no evidence of a breach of good order or discipline
in the applicant's service personnel records, and it appears that the
failure to award this Soldier the Good Conduct Medal was an administrative
oversight and not related to anything he did to disqualify himself from
this award.  The applicant is therefore entitled to award of the Good
Conduct Medal or the period of 9 May 2001 through 8 May 2004 and to have
this award added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JM ___  ___WP__  ___RV __  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 GCMDL for the period of 9 May
2001 to 8 May 2004 and by showing that he was awarded the AAM and ARCOM
w/1OLC.

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
award of the CIB and ARCOM w/2nd OLC.



                                  _____   John Meixell____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060007706                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |46/DE                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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