RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070010551
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.
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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 an Army Commendation Medal and the Good Conduct Medal he was awarded be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.
2. The applicant states, in effect, the record is incorrect because he just received the two documents and would like to have them added to his DD Form 214.
3. In support of his application, the applicant submits a copy of an Army Commendation Medal certificate for the period from 13 April 2004 to 9 March 2007 and an order awarding him the Good Conduct Medal for the period from
22 May 2003 to 21 May 2006.
CONSIDERATION OF EVIDENCE:
1. The applicants records show that he enlisted in the US Army Reserve on 29 October 2002. He enlisted in the Regular Army for three years on 21 May 2003 and entered active duty on the same date. After completing all required training, he was awarded the military occupational specialty (MOS), 19K (M1 Armor Crewman).
2. The applicant was honorably released from active duty, on 9 March 2007, under the provisions of Army Regulation (AR) 635-200, chapter 4, at the completion of required active service. He was released from active duty in the rank/pay grade, Sergeant/E-5. On the date he was released from active duty, he had completed 3 years, 9 months, and 19 days active military service, with no days time lost.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), of the applicant's DD Form 214, shows he was awarded the Army Commendation Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Combat Action Badge. The Good Conduct Medal is not shown on the applicant's DD Form 214. The Army Commendation Medal is shown; however, the entry was made in such a way as to appear the applicant received two awards of the Army Commendation Medal.
4. The applicant's Enlisted Record Brief (ERB) shows the applicant was awarded one Army Commendation Medal. The Good Conduct Medal is not shown as an authorized award on his ERB.
5. The applicant provided a copy of Orders 072-024 [Army Commendation Medal certificate] showing he was awarded the Army Commendation Medal, for meritorious service, for the period from 13 April 2004 to 9 March 2007. This award was made without oak leaf clusters and does not indicate it is a first, second, or other numerically awarded Army Commendation Medal.
6. The applicant provided a copy of Permanent Orders 061-02, published by the 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division (Mechanized), dated 2 March 2007, awarding him the Good Conduct Medal for the period from
22 May 2003 to 21 May 2006.
7. AR 635-5 prescribes policies and procedures regarding separation documents and entries which are to be made in Item 13, of the DD Form 214. The instructions are as follows: "List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations."
DISCUSSION AND CONCLUSIONS:
1. The evidence the applicant provided shows he was awarded the Good Conduct Medal. The Good Conduct Medal was omitted from his DD Form 214 on his release from active duty. He is entitled to have this award added to his DD Form 214.
2. The applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award) while he served on active duty. The order/certificate the applicant provided in support of his request for correction of his record seems to indicate this order/certificate was the first awarded Army Commendation Medal he received. Because the entry on the DD Form 214 seems to indicate he was awarded two Army Commendation Medals while he served on active duty, the applicant is not entitled to a correction of his DD Form 214 to show fewer awards of the Army Commendation Medal than are already indicated on the DD Form 214.
3. The Board has a long-standing policy that it will not take action to take away medals that were entered on separation documents no matter the mistaken conditions under which they were entered. The Board will also not amend separation documents to add or delete awards the applicant has not proven, by a preponderance of the evidence, that he is entitled to or not entitled to.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_ ___x__ __x ___ 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 adding the Good Conduct Medal to his DD Form 214.
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 his DD Form 214 to show fewer Army Commendation Medals than are already shown on his DD Form 214.
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CHAIRPERSON
INDEX
CASE ID
AR20070010551
SUFFIX
RECON
DATE BOARDED
20071213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
107.0020
3.
107.0056
4.
5.
6.
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