RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 August 2007
DOCKET NUMBER: AR20070005726
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 J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Bernard P. Ingold
Chairperson
Mr. Thomas H. Ray
Member
Mr. Gerald J. Purcell
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) for the period ending 14 May 2005 be corrected to show award of the Army Commendation Medal, the Army Service Ribbon, the National Defense Service Medal 2nd Award, and the Army Achievement Medal.
2. The applicant states, in effect, that the above awards should be added to his DD Form 214.
3. The applicant provides his DD Form 214; Headquarters, 69th Air Defense Artillery Permanent Order Number 288-01, dated 14 October 2004; Headquarters, 5th Battalion, 7th Air Defense Artillery Permanent Orders Number 192-082, dated 30 April 2003; two Certificates of Appreciation; his DD Form
4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 23 March 2002; various unit assignment orders; and a DA Form 3349 (Physical Profile), dated 18 August 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant served in support of Operation Iraqi Freedom.
2. The applicant enlisted in the Regular Army on 15 April 2002 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 14T (Patriot Launching Station Enhanced Operator/Maintainer).
3. Headquarters, 5th Battalion, 7th Air Defense Artillery Permanent Order Number 192-082, dated 30 April 2003, shows that the applicant was awarded the Army Achievement Medal.
4. Headquarters, 69th Air Defense Artillery Permanent Order Number 288-01, dated 14 October 2004, shows that the applicant was awarded the Army Commendation Medal.
5. On 14 May 2005, the applicant was honorably discharged in the rank and pay grade of Specialist (SPC)/E-4 after completing 3 years and 1 month of creditable active service with no lost time.
6. His DD Form 214 with the period ending 14 May 2005 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Army Overseas Service Ribbon.
7. There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal 1st Award. There is no evidence of any adverse information or that his commander disqualified him for award of the Army Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
9. Army Regulation 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded the Army Commendation Medal and the Army Achievement Medal. These awards should be added to his DD Form 214.
2. The applicant's DD Form 214 with the period ending 14 May 2005 already shows he was awarded the Army Service Ribbon.
3. The applicant did not meet the eligibility criteria for award of the National Defense Service Medal 2nd Award.
4. The applicant was separated in the rank of Specialist with over three years of creditable active service with no time lost. There is no evidence of any adverse information in his records or that his commander disqualified him for award of the Army Good Conduct Medal. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 15 April 2002 through 14 April 2005 based on completion of a period of qualifying service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___BPI _ __THR __ __GJP __ 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:
a. by awarding him the Army Good Conduct Medal 1st Award for the period 15 April 2002 through 14 April 2005; and
b. by amending his DD Form 214 in item 13 to add the Army Achievement Medal, the Army Commendation Medal, and the Army Good Conduct Medal 1st Award;
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 adding a 2nd award of the National Defense Service Medal.
___Bernard P. Ingold _
CHAIRPERSON
INDEX
CASE ID
AR20070005726
SUFFIX
RECON
DATE BOARDED
30 AUGUST 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0056.0000
2.
107.0020.0000
3.
107.0025.0000
4.
107.0069.0000
5.
6.
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