RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014670 


	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. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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, correction of his separation document to show award of the Good Conduct Medal (2nd Award), the Army Achievement Medal with four Oak Leaf Clusters, the Armed Forces Reserve Medal (2nd Award), and the Overseas Service Ribbon (3rd Award).

2.  The applicant states, in effect, that his records were incomplete at the time of his separation.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 12 April 1984 through 24 February 1987; a DD Form 214 covering the period 11 October 1990 through 20 March 1991; a DD Form 214 covering the period 7 December 2003 through 28 July 2006; and a DA Form 638 (Recommendation for Award), dated 6 November 2004 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 July 2006, the date of his release from active duty.  The application submitted in this case is dated 5 October 2006.

2.  The applicant's military records show he entered active duty on 2 April 1984, and was trained in, awarded, and served in military occupational specialty (MOS) 64C (Motor Transport Operator). 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 24 February 1987, shows the applicant was awarded the Good Conduct Medal.

4.  On 11 October 1990, the applicant entered active duty.  On 3 December 1990, the applicant was transferred for duty in support of Operation Desert Shield/Storm in Southwest Asia during the period 3 December 1990 through 18 December 1991.  The applicant was honorably released from active duty on 20 March 1991.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 20 March 1991, shows the applicant was awarded the Good Conduct Medal.

6.  On 7 December 2003, the applicant entered active duty.  The applicant's record shows that he served in Kuwait/Iraq during the period 20 February 2004 through 25 February 2005.  The applicant was honorably released from active duty on 28 July 2006.  

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 28 July 2006, shows he was awarded the Armed Forces Reserve Medal with "M" Device and the Overseas Service Ribbon.  However, the applicant's record does not show he was awarded the Good Conduct Medal, the Army Reserve Components Achievement Medal with 3 Oak Leaf Clusters, the Army Achievement Medal with 4 Oak Leaf Clusters or the Overseas Ribbon (3rd Award).

8.  Headquarters, 16th Mountain Division (Light Infantry), Fort Drum, New York, Permanent Orders 28-9, dated 20 February 1987, awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity in active Federal military service during the period 12 April 1984 through 24 February 1987.

9.  Department of the Army 208th Transportation Company, Al Taqaddum, Iraq, Permanent Order 12-75, dated 20 December 2004, awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency and fidelity in active Federal military service during the period 7 December 2003 through 6 December 2004.

10.  Department of the Army 257th Transportation Company (HET), Las Vegas, Nevada memorandum, dated 9 December 1999, shows the applicant's name among those entitled to award of the Army Reserve Components Achievement Medal with 3 Oak Leaf Clusters in accordance with AR 600-8-22 (Military Awards) for the period 8 October 1996 through 7 October 1999.

11.  Department of the Army 257th Transportation Company (HET), Las Vegas, Nevada memorandum, dated 22 July 2003, shows the applicant's name among those entitled to award of the Army Reserve Components Achievement Medal in accordance with AR 600-8-22 (Military Awards) for the period October 1999 through October 2002.





12.  DA Form 638 (Recommendation for Award), dated 29 August 2004, 208 Transportation Company, shows the applicant was recommended for award of the Bronze Star Medal.  The award recommendation was downgraded to award of the Army Commendation Medal for the period 5 August 2003 through 28 June 2004 by Permanent Order Number 311-144, dated 6 November 2004. 

13.  Department of the Army 257th Personnel Service Company, Permanent Orders 40-3, dated 27 February 1986, awarded the applicant the Army Achievement Medal for meritorious service for the period 27 August 1984 through 19 February 1986.  

14.  Department of the Army 257th Transportation Company, Permanent Orders 623-26, dated 25 June 1995, awarded the applicant the Army Achievement Medal for meritorious service for the period 17 June 1995 through 30 June 1995. 

15.  Department of the Army 257th Transportation Company, Permanent Orders 011-01, dated 28 July 2001, awarded the applicant the Army Achievement Medal for meritorious achievement during Operation Golden Spike 2001.  

16.  There are no orders or evidence in the available records which shows the applicant was awarded a 4th or 5th award of the Army Achievement Medal.

17.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Good Conduct Medal (2nd Award), the Army Achievement Medal with 4 Oak Leaf Clusters, the Armed Forces Reserve Medal (2nd Award), and the Overseas Service Ribbon with Numeral 3.

2.  Orders show that the applicant was awarded two awards of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal (2nd Award).

3.  Orders show that the applicant was awarded three awards of the Army Achievement Medal for meritorious service.  There are no orders that show the applicant was awarded a 4th or 5th Army Achievement Medal.  There is no evidence in his service records which shows that he was recommended for any additional awards of the Army Achievement Medal not cited in orders shown above.  Therefore, he is entitled to correction of his records to show award of the Army Achievement Medal with 2 Oak Leaf Clusters.  

4.  Orders show that the applicant was awarded five awards of the Army Reserve Components Achievement Medal.  Therefore, he is entitled to correction of his records to show award of the Army Reserve Components Achievement Medal with 4 Oak Leaf Clusters.

5.  Orders show that the applicant was awarded the Army Commendation Medal for the period 5 August 2003 through 28 June 2004, by Permanent Order Number 311-144, dated 6 November 2004.  Therefore, he is entitled to correction of his record to show award of the Army Commendation Medal.

6.  Evidence shows that the applicant served 3 tours of overseas service; therefore, he is entitled to correction of his records to show the Overseas Service Ribbon with Numeral 3.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_EEM___   __CLG__  __MJF __  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 the Good Conduct Medal (2nd Award), the Army Achievement Medal with 2 Oak Leaf Clusters, the Army Reserve Components Achievement Medal with 4 Oak Leaf Clusters, the Army Commendation Medal, and the Overseas Service Ribbon with Numeral 3.

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 the 4th and 5th award of the Army Achievement Medal.



__Kenneth L. Wright___
          CHAIRPERSON




INDEX

CASE ID
AR20060014670
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2006/07/28
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Rel Act Duty
BOARD DECISION
Partical GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.