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ARMY | BCMR | CY2006 | 20060016509C071029
Original file (20060016509C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 June 2007
      DOCKET NUMBER:  AR20060016509


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 his
overseas service in support of Operation Enduring Freedom (OEF) and
Operation Iraqi Freedom (OIF), and awards related to this service.

2.  The applicant states, in effect, that his DD Form 214 does not show
his overseas service in support of OEF and OIF; therefore, his
decorations, medals, badges, citations and campaign ribbons, awarded or
authorized, are also incorrect.

3.  In support of his request, the applicant provided a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve on 21 April 2001.  On 29
May 2001, he enlisted in the Regular Army.  He successfully completed basic
combat and advanced individual training and was awarded the military
occupational specialty 13P, Multiple Launch Rocket System Operational Fire
Direction Specialist.

2.  On 15 June 2004, the applicant was honorably released from active duty
at the completion of his required active service.  On the date of his
release from active duty, he had completed 3 years and 17 days of active
military service.

3.  Item 12.f. (Foreign Service), of the DD Form 214 the applicant was
issued on his discharge, shows he completed no foreign service during the
period covered by the DD Form 214.  The entry is as follows:  "0000 / 00 /
00."

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded:  the National Defense Service Medal and the Army Service Ribbon.
No other awards are shown in this item.

5.  The applicant's records:  his DA Form 2-1, Personnel Qualification
Record, Part II; his Enlisted Record Brief, brief date, 2 November 2001;
and his Enlisted Record Brief, brief date, 6 January 2004, have no entries
indicating he served overseas and was awarded other awards.
6.  The applicant's Enlisted Record Briefs show he was eligible for award
of the Good Conduct Medal on 30 April 2004.  There is no evidence of any
breach of good order or discipline in his service personnel record or that
his chain of command took any action to deny him award of the Good Conduct
Medal.

7.  Army Regulation (AR) 600-8-22 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.  AR 635-5 prescribes the separation documents that must be prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of the Active Army.  It also establishes standardized policy for
preparing and distributing the DD Form 214.

9.  The above regulation provides that foreign service will be entered in
Item12.f. from information recorded on the ERB/ORB (Enlisted Record
Brief/Officer Record Brief).

10.  In addition, the above regulation also provides that decorations,
medals, badges, citations and campaign ribbons will be entered in Item 13
from information also recorded on the ERB/ORB.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has provided none, to show he
served overseas in support of OEF and OIF; therefore, the applicant is not
entitled to a correction of his DD Form 214 to show foreign service and
awards related to service in support of OEF and OIF.

2.  The applicant's Enlisted Record Briefs show he was eligible for award
of the Good Conduct Medal on 30 April 2004.  There is no evidence of any
breach of good order or discipline in his service personnel record or any
evidence that his chain of command took any action to deny him award of the
Good Conduct Medal.  The applicant is therefore entitled to award of the
Good Conduct Medal, for the period from 29 May 2001 through 28 May 2004,
and to have it added to his DD Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___A____  ___JP__  __JBM___  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 applicant the Good Conduct Medal,
for the period 29 May 2001 through 28 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
correction of Item 12.f., of his DD Form 214, to show foreign service
related to his alleged support of OEF and OIF and correction of Item 13, of
his DD Form 214, to show awards related to service in support of OEF and
OIF.




                                  _____James E. Anderholm  ___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060016509                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070626                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |120.0000                                |
|2.                      |107.0000                                |
|3.                      |107.0139                                |
|4.                      |107.0137                                |
|5.                      |107.0138                                |
|6.                      |107.0140                                |


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