RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070014145 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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 records to show award of the Army Commendation Medal. 

2.  The applicant states, in effect, that the award was left off his DD Form 214 (Certificate of Release or Discharge from Active Duty) due to an administrative oversight. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 15 November 2004.

	b.  DA Form 638 (Recommendation for Award), dated 11 September 2004, showing he was awarded the Army Commendation Medal. 

	c.  Certificate, dated 31 August 2004, showing he was awarded the Army Commendation Medal 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army on 1 June 1998 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Abrams Tank Armor Crewmember).  He subsequently reenlisted in the Regular Army on 6 June 2000 for a period of 4 years.  The highest grade he attained during his military service was sergeant (SGT)/E-5.  He was honorably discharged and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 15 November 2004.    

2.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Good Conduct Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Driver and Mechanic Badge (Driver W-Bar), the Driver and Mechanic Badge (Driver T-Bar), the Global War on Terrorism Service and Expeditionary Medals, and the Army Achievement Medal (8th Award).

3.  The applicant provided a Department of the Army Certificate for award of the Army Commendation Medal, dated 31 August 2004.  This certificate shows that the applicant was awarded the Army Commendation Medal for meritorious service in support of combat operations against an enemy of the United States during Operation Iron Sabre in Iraq as a tank gunner from 14 April 2004 to 15 April 2004.  This certificate is authenticated by a brigade level commander and contains the order number 244-213.

4.  The applicant also provided the DA Form 638, dated 11 September 2004, awarding him the same Army Commendation Medal.  This form is authenticated by the same brigade level commander and contains the same order number 244-213.  However, this form does not show that this award is a second or a succeeding award of the Army Commendation Medal.

5.  The applicant's records do not contain the two awards of the Army Commendation Medal that are listed on his DD Form 214. 

6.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. 

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 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 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.





DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show that the applicant was awarded the Army Commendation Medal for meritorious service in support of combat operations against an enemy of the United States in Iraq.  However, his DD Form 214 already shows two awards of the Army Commendation Medal.  It is not clear if this particular award is one of the two already listed or is in addition to those listed on his DD Form 214.  In the absence of the facts and circumstances surrounding the first two awards of the Army Commendation Medal, the applicant’s entitlement to add this award cannot be determined.   

2.  Evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal and the Army Service Ribbon which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.  

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __mjnt__  __drg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award the Army Commendation Medal.


2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the National Defense Service Medal and the Army Service Ribbon.




							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.