RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070001335 


	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:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army Reserve Components Achievement Medal, Army Good Conduct Medal, Army Commendation Medal, and the Combat Action Badge. 

2.  The applicant states that these awards were omitted from his DD Form 214. 

3.  The applicant provides copies of his DD Form 214, Recommendation for award of the Army Commendation Medal, Certificate for award of the Army Commendation Medal, and orders for award of the Combat Action Badge. 

CONSIDERATION OF EVIDENCE:

1.  On 30 July 2001, the applicant enlisted in the United States Army Reserve for 8 years. 

2.  On 30 July 2002, the applicant was promoted to private first class, pay grade E3.

3.  Orders M-041-0031, Headquarters, United States Army 77th Regional Support Command, Fort Totten, New York, dated 10 February 2003, ordered the applicant to active duty in support of Operation Enduring Freedom.  

3.  The applicant served in Kuwait and Iraq during the period from 5 May 2003 to 28 April 2004.  He attained the rank of sergeant, pay grade E5 on 16 April 2004.

4.  On 30 May 2004, the applicant was released from active duty.  He had completed 1 year, 3 months, and 21 days of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by DD Form 215, shows his awards as the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with “M” Device, Army Service Ribbon.  On 12 February 2007, a DD Form 215 (Correction to DD Form 214) was issued adding the Combat Action Badge to the applicant’s separation document.  However, his separation document does not show the Army Reserve Components Achievement Medal, Army Good Conduct Medal, or the Army Commendation Medal.

6.  The applicant provided a copy of DA Form 638 (Recommendation for Award), dated 1 March 2004.  It indicates that he was recommended for award of the Army Commendation Medal for meritorious achievement during the period from 
1 August 2003 to 28 February 2004, while serving as a sales associate for the Army Air Force Exchange Services Country Store in support of Operation Iraqi Freedom and Iraq Survey Group at Camp Slayer, in Baghdad, Iraq.  On 
18 March 2004, the task force commander approved the recommendation for award, but downgraded it to a Certificate of Achievement.  

7.  The applicant provided a copy of a Department of the Army Certificate for award of the Army Commendation Medal for meritorious achievement as an administrative specialist in support of Operation Iraqi Freedom during the period from 5 May 2003 to 10 April 2004.  The certificate indicates that Permanent Orders 081-006 authorized this award, but they are not available for review.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years service with a Reserve Component unit.  Individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995).  Beginning on the effective date of this regulation, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 to 
3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  

9.  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 evidence clearly shows that the applicant was awarded the Combat Action Badge and his records have been properly corrected to add this award.  Therefore, no further action is necessary with regard to this award. 

2.  The DA Form 638 provided by the applicant shows he was recommended for award of the Army Commendation Medal; however, his recommendation was downgraded by the approval authority to a Certificate of Achievement.  Therefore, the applicant’s request for award of the Army Commendation Medal should not be granted.

3.  The Certificate for Award of the Army Commendation Medal, as provided by the applicant, is not sufficiently convincing without copies the corresponding DA Form 638 with the approval authority’s approval and completion of Part V - Orders Data.  It is also noted that the period covered by the certificate provided by the applicant overlaps the period of the DA Form 638 that was downgraded to a Certificate of Achievement.  Therefore, the applicant’s request for award of the Army Commendation Medal should not be granted.  

4.  The evidence shows that the applicant is still a member of the USAR.  There is no evidence that he has exhausted his administrative relief with regard to award of the Army Reserve Components Achievement Medal.  It is recommended that the applicant discuss this award with his company commander.  In view of this, the applicant’s request for this award should not be granted.  

5.  The evidence of record clearly shows that the applicant served a qualifying period of time for award of the Army Good Conduct Medal.  Furthermore, the quality of his service was distinguished as evidenced by his promotion from private first class, pay grade E3, to sergeant, pay grade E5, in less than 2 years. There is no evidence showing that his commander took any action to deny him this award. Therefore, he should be awarded the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ DJP   _  __RMN__  __JCR  _  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 him the Army Good Conduct Medal for the period from 10 February 2003 to 30 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 award of the Army Commendation Medal, the Army Reserve Components Achievement Medal, and the Combat Action Badge (which has already been properly added to his DD Form 214).




___ Jeffrey C. Redmann ____
          CHAIRPERSON




INDEX

CASE ID
AR20070001335
SUFFIX

RECON
 
DATE BOARDED
20070809
TYPE OF DISCHARGE


DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.