RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060012469 


	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 item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)  of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to include the Army Commendation Medal, the Army Achievement Medal, and the Global War on Terrorism Expeditionary Medal.

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

3.  The applicant provides his DD Form 214 that was issued at the time of his release from active duty on 9 January 2005, a DA Form 638 (Recommendation for Award), and a memorandum which certifies that he served in support of the 1st Armored Division Task Force during Operation IRAQI FREEDOM from 7 May 2003 to 15 July 2004 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
9 January 2005, the date of his release from active duty.  The application submitted in this case is dated 24 August 2006.

2.  The applicant is currently an officer in the United States Army Reserve.

3.  The applicant provided a DA Form 638, which essentially shows that he was recommended for the Army Achievement Medal.   This document also shows that he had a previous award of the Army Commendation Medal.  However, there are no orders authorizing award of these decorations to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of the Army Commendation Medal and 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 these decorations under Section 1130 and, as a result, the Army Commendation Medal and the Army Achievement Medal will not be discussed further in this Record of Proceedings.

4.  Item 13 of the applicant’s DD Form 214 does not show that he was awarded the Global War on Terrorism Expeditionary Medal.  However, he provided a memorandum which certifies that he served in support of the 1st Armored Division Task Force during Operation IRAQI FREEDOM from 7 May 2003 to 
15 July 2004.
5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s records show that he served 3 years of continuous active duty service from 10 January 2002 to 9 January 2005.  However, his DD Form 214 does not show that he was awarded the Army 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.  

7.  Executive Order 13289, dated 12 March 2003, established the Global War on Terrorism Expeditionary Medal (GWOTEM).  It is authorized to be awarded to 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.  Service members who qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  

8.  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 applicant contends that item 13 of his DD Form 214 should be corrected to include the Global War on Terrorism Expeditionary Medal.

2.  Evidence of record shows that the applicant served in support of the 1st Armored Division Task Force during Operation IRAQI FREEDOM from 7 May 2003 to 15 July 2004, and that the applicant requested the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal for his service in Iraq.  Therefore, he is entitled to award of the Global War on Terrorism Expeditionary Medal, and correction of his military records to show this award.

3.  The applicant served on continuous active duty in an enlisted status from 
10 January 2002 to 9 January 2005, and there is no derogatory information in his military 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 10 January 2002 to 9 January 2005, and correction of his military records to show this award.

BOARD VOTE:

__PS ___  __DH ___  __EM ___  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:

a.  awarding him the Global War on Terrorism Expeditionary Medal; and

b.  awarding him the Good Conduct Medal for the period 10 January 2002 to 9 January 2005 while serving as a specialist.  





______  Paul Smith__________
          CHAIRPERSON




INDEX

CASE ID
AR20060012469
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0020.0000 (Sec1130Ltr)
2.
107.0025.0000 (Sec1130Ltr)
3.
107.0137.0000
4.
107.0056.0000
5.
110.0400.0000
6.