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ARMY | BCMR | CY2007 | 20070005271
Original file (20070005271.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070005271 


	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. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 his period of service and awards.

2.  The applicant states, in effect, that his DD Form 214 does not correctly show his service time and it does not list his Combat Infantryman Badge.

3.  The applicant provides copies of his DD Form 214 Worksheet (DD Form 214WS), orders awarding him the Combat Infantryman Badge, Honorable Discharge Certificate, and a certificate for outstanding service while participating in Task Force Courage, Operation Enduring Freedom. 

CONSIDERATION OF EVIDENCE:

1.  On 15 May 2002, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Infantryman).

2.  On 23 September 2002, the applicant was assigned for duty as a rifleman with the 10th Mountain Division.

3.  During the period from 7 August 2003 to 29 May 2004, the applicant was assigned with his unit in Afghanistan, in support of Operation Enduring Freedom.

4.  Permanent Orders 322-011, Headquarters, Combined/Joint Task Force, Operation Enduring Freedom, dated 18 November 2003, awarded the applicant the Combat Infantryman Badge for his service on 11 October 2003.

5.  On 4 February 2005, the applicant was honorably discharged.  He had attained the rank of specialist, pay grade E4, and had completed 2 years, 
8 months, and 20 days of creditable active duty.  He also had completed 
9 months and 23 days of service in Afghanistan.

6.  Item 12f (Foreign Service) of the applicant’s DD Form 214 does not show that he served any time overseas.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists his awards as the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.  It does not show the Combat Infantryman Badge or the Army Good Conduct Medal.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant served in Afghanistan for a period of 
9 months and 23 days.  Therefore, his DD Form 214 should be corrected to show this overseas service.

2.  Permanent orders awarded the applicant the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

3. The applicant’s records clearly show that he distinguished himself in the performance of his military service.  There is no evidence showing that he was disqualified from receiving the Army Good Conduct Medal.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

BOARD VOTE:

_JTM ___  __LE ___  ___RTD_  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 Army Good Conduct Medal for the period from 
15 May 2002 to 4 February 2005; and

	b.  showing in item 12f (Foreign Service) of his DD Form 214: 9 months and 23 days; and

c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal and the Combat Infantryman Badge.





___     Lester Echols________
          CHAIRPERSON




INDEX

CASE ID
AR20070005271
SUFFIX

RECON
 
DATE BOARDED
20070823 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.


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