RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	22 March 2007  
	DOCKET NUMBER:  AR20060010326 


	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.


	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 the Army Achievement Medal, the Good Conduct Medal, the Combat Infantryman Badge, and any other medals or citations that he is entitled to be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty).  He also requests that his DD Form 214 be corrected to show he was a high school graduate or equivalent.

2.  The applicant essentially states that the awards mentioned above are not listed on his DD Form 214, but that he was awarded these decorations.  He also states, in effect, that his DD Form 214 states that he did not have a high school diploma or equivalent; but that he entered the Army with a general equivalency diploma (GED). 

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
23 May 2004, the date of his release from active duty.  The application submitted in this case is dated 9 June 2006.

2.  The applicant requested that the Army Achievement Medal be added to his DD Form 214.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Achievement Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 of Title 10, United States Code and, as a result, the Army Achievement Medal will not be discussed further in this record of proceedings.

3.  The applicant served 3 years of continuous enlisted active duty service from 24 May 2001 to 23 May 2004; however, his DD Form 214 does not show that he was awarded the Good Conduct Medal for this period of service.  There is no derogatory information in the applicant’s official records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

5.  The applicant’s military occupational specialty shown on his DD Form 214 is 11B (Infantryman).  However, his official military personnel file (OMPF) does not contain any evidence which shows that he was awarded the Combat Infantryman Badge.  Although it was noted that the applicant was awarded the Global War on Terrorism Expeditionary Medal, there is also no evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

6.  There is no evidence that the applicant is entitled to any additional awards, decorations, or unit citations.

7.  Item 15b (High School Graduate or Equivalent) of the applicant’s DD Form 214 shows “No” is annotated.  However, Item 28e (Data Verification by Recruiter – Education) of the applicant’s DD Form 1966/2 (Record of Military Processing – Armed Forces of the United States), which was a part of his enlistment contract when he enlisted on 24 May 2001, clearly shows that he had a GED when he entered the Army on that date.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officer and enlisted personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  It also states that battle or campaign participation credit alone is not sufficient.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Good Conduct Medal, the Combat Infantryman Badge, and any other medals or citations that he is entitled to should be added to his DD Form 214.  He also contends that his DD Form 214 should be corrected to show that he was a high school graduate or equivalent.

2.  The applicant served 3 years of continuous enlisted active duty service from 24 May 2001 to 23 May 2004, and there is no derogatory information in the applicant’s official records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 24 May 2001 to 
23 May 2004, and correction of this military records to show the award of the Good Conduct Medal.

3.  Although the applicant possessed an infantry MOS and was awarded the Global War on Terrorism Expeditionary Medal, there is no evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Regrettably, absent such evidence, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case.

4.  As there is no evidence that the applicant is entitled to any additional awards, there is no basis for granting relief to this portion of the applicant’s request.

5.  Evidence of record clearly shows that the applicant received his GED prior to entering the Army on 24 May 2001.  Therefore, he is entitled to correction of Item 15b of his DD Form 214 to show that he was a high school graduate or equivalent.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___J____  ___LDS_  __RSV___  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:

a.  awarding him the Good Conduct Medal for the period 24 May 2001 to 23 May 2004 while serving as a specialist; and

b.  showing that he was a high school graduate or equivalent in Item 15b of his DD Form 214 that was issued at the time of his release from active duty on 
23 May 2004.

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 awarding him the Combat Infantryman Badge or any additional awards.  




_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060010326
SUFFIX

RECON

DATE BOARDED
20070322
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0056.0000
2.
107.0111.0000
3.
107.0000.0000
4.
110.0400.0000
5.
110.0000.0000 (HS GRAD OR EQUIV – YES)
6.