IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20070013852 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Good Conduct Medal, the Army Achievement Medal, the Iraq Campaign Medal, the Afghanistan Campaign Medal, and two Overseas Bars [correctly referred to as two Overseas Service Ribbons].  

2.  The applicant states, in effect, that the above medals should be listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

3.  The applicant provides a copy of his Release from Active Duty Orders 
201-0287, dated 19 July 2004, and military records in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the Iraq Campaign Medal, and the Afghanistan Campaign Medal.  The applicant’s DD Form 214 shows he was awarded the Global War on Terrorism Expeditionary Medal for his service in Afghanistan during the period 6 September 2003 through 4 April 2002 and for his service in Iraq during the period 6 September 2003 through 4 April 2004.  The authority governing award of the Iraq Campaign Medal and the Afghanistan Campaign Medal allows a Soldier to receive only one of these service medals in addition to award of the Global War on Terrorism Expeditionary Medal for the same period of service.  Therefore, the applicant's options are to choose both medals and the affixed campaign service stars with the removal the Global War on Terrorism Expeditionary Medal, or keep the currently issued Global War on Terrorism Expeditionary Medal in lieu of the campaign medals.  The Staff of the Board attempted to contact the applicant but was unsuccessful.  Therefore, until the applicant makes a determination the Iraq Campaign Medal and the Afghanistan Campaign Medal will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted in the U.S. Army Reserve on 30 July 2001 for a period of eight years.  

3.  On 3 October 2001, the applicant enlisted in the Regular Army.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained while serving on active duty was specialist/pay grade (E-4). 

4.  On 2 October 2004, the applicant was honorably released from active duty and was transferred to his United States Army Reserve Control Group (Reinforcement).  

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years of active military service.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows that he completed 1 year and 14 days of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized (All periods of service)) does not show award of the Army Good Conduct Medal, the Army Achievement Medal, or two Overseas Service Ribbons.  Item 13 shows the Army Commendation Medal (2nd Award), National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Combat Infantryman Badge, and the Parachutist Badge.

7.  Item 18 of the applicant's DD Form 214, (Remarks) shows his service in Operation Enduring Freedom (Afghanistan) during the period 7 August 2002 through 21 January 2003.  Item 18 also shows he served in Operation Iraqi Freedom (Iraq) during the period 6 September 2003 through 4 April 2004. 

8.  There are no orders or evidence in the available records which shows the applicant was awarded the Army Achievement Medal or two Overseas Service Ribbons.  





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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

11.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Army Good Conduct Medal, the Army Achievement Medal, and two Overseas Service Ribbons.  

2.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant distinguished himself by being honorably discharged from the Regular Army after completing service in Operation Enduring Freedom [Afghanistan] and Operation Iraqi Freedom [Iraq].  The applicant's records show no acts of indiscipline and there is no evidence he was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years of active Federal military service.  Therefore, his records should be corrected to show this award.




3.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was awarded the Army Achievement Medal for meritorious service during the period 3 October 2001 through 2 October 2004.  Therefore, the applicant is not entitled to this award.

4.  The applicant's DD Form 214 shows he completed 1 year and 14 days of Foreign Service which is a qualifying period for one Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show the Overseas Service Ribbon.  There is no evidence that the applicant served a qualifying period of service for an additional Overseas Service Ribbon.

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 award of the Good Conduct Medal and an Overseas Service Ribbon. 

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 the Army Achievement Medal and a second Overseas Service Ribbon.



      __________X_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070013852



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ABCMR Record of Proceedings (cont)                                         AR20070013852



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