RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070000173 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 correction of his military records to show award of a second Army Good Conduct Medal, two awards of the Combat Action Badge, and any other awards he may be authorized. 

2.  The applicant states that he only received one award of the Army Good Conduct Medal and Combat Action Badge.  

3.  The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  On 24 August 1999, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 92A2O (Automated Logistic Specialist). 

2.  Permanent Orders 086-298, United States Army Infantry Center, Fort Benning, Georgia, dated 26 March 2000, awarded the applicant the Parachutist Badge for successful completion of airborne training.

3.  On 17 September 2005, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E5, and had completed 6 years, and 24 days of creditable active duty.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, lists his awards as the Army Commendation Medal (two awards), Army Achievement Medal (two awards), National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Korean Defense Service Medal, Noncommissioned Professional Development Ribbon, Army Service Ribbon, Army Good Conduct Medal, and the Overseas Service Ribbon.  It does not show a second Army Good Conduct Medal or any Combat Action Badges.

5.  Permanent Orders 132-24, I Corps and Fort Lewis, Washington, dated 
12 May 2006, awarded the applicant the Combat Action Badge for his service on 18 October 2004, when he actively engaged the enemy with multiple mortars at forward operating base Marez, in Mozul, Iraq.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army 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.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments.  The second award is denoted by a bronze clasp with two loops.

7.  Army Regulation 600-8-22, provides, in pertinent part, for award of the Combat Action Badge (CAB) to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the CAB are Branch and MOS immaterial. Assignment to a Combat Arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended for award to all Soldiers who serve in a combat zone or imminent danger area.  Specific eligibility requirements are: (1) All Soldiers are eligible; (2) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; (3) Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; (4) Soldier must be assigned or attached to a unit that would not qualify the Soldier for the CIB/CMB.  For example, an 11B assigned to an infantry battalion is not eligible for award of the CAB.  However, an 11B assigned to Corps staff is eligible for award of the CAB.  Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized.  Second and subsequent awards of the CAB are as follows: (1) only one CAB may be awarded during a qualifying period; (2) second and subsequent awards of the CAB will be indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath.  Retroactive awards of the CAB are not authorized prior to 18 September 2001.  Soldier may be awarded the CIB, CMB and CAB for the same qualifying period, provided the criteria for each badge are met.  However, subsequent awards of the same badge within the same qualifying period are not authorized.







DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served a qualifying period of time for two awards of the Army Good Conduct Medal. He received one award of the Army Good Conduct Medal.  There is no evidence showing that his commander took any action to deny him his second award. Therefore, he should be awarded a second Army Good Conduct Medal.

2.  Permanent Orders awarded the applicant the Combat Action Badge.  However, there is no substantiating evidence to show that he is eligible for, or was awarded a second Combat Action Badge.  Therefore, his records should be corrected to show that he was awarded one Combat Action Badge.

3.  Permanent Orders awarded the applicant the Parachutist Badge.  Therefore his records should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__SVW__  __RTD__  ___DWT_  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 a second Army Good Conduct Medal for the period from 24 August 2002 to 23 August 2005; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal with two bronze loops, Parachutist Badge, and the Combat Action Badge.
 


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 a second Combat Action Badge.  




_       _Sherri V. Ward_____
          CHAIRPERSON




INDEX

CASE ID
AR20070000173
SUFFIX

RECON
 
DATE BOARDED
20070621
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.