IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080007074 


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 award of the Army Good Conduct Medal.

2.  The applicant states that he never received an Army Good Conduct Medal for any of his years of service, and he served over a year on active duty as an Individual Ready Reserve (IRR) Soldier.  

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 November 2006 and his active duty orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 July 1998.  He completed basic training and advanced individual training and was awarded military occupational specialty 13R (Field Artillery Firefinder Radar Operator).

2.  The applicant was honorably released from active duty on 29 July 2001, in the rank and grade of Specialist, E-4, after completing 3 years of creditable active service with no lost time, and was transferred to the U. S. Army Reserve.  His records contain no derogatory information.  Neither his records nor his DA Form 2-1 (Personnel Qualification Record) show that he was disqualified for award of the Army Good Conduct Medal.


3.  The applicant’s DD Form 214 for the period ending 29 July 2001 shows he was awarded the Army Commendation Medal, the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Air Assault Badge.  

4.  Orders dated 30 June 2005 released the applicant from his IRR status and ordered him to active duty under the provisions of Title 10, U. S. Code, section 12302.  He entered active duty on 31 July 2005.  He arrived in Iraq on               16 October 2005 and departed Iraq on 10 October 2006.  He was released from active duty on 9 November 2006 in the rank and grade of Sergeant, E-5, after completing 1 year, 2 months, and 12 days of creditable active service during that period with no lost time.  

5.  The applicant’s DD Form 214 for the period ending 9 November 2006 shows he was awarded the Army Commendation Medal (2d Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Armed Forces Reserve Medal with “M” Device.

6.  The applicant’s DD Form 214 for the period ending 9 November 2006, in item 2 (Department, Component and Branch), shows he was in the Army National Guard of the United States.

7.  On 14 November 2006, the applicant was honorably discharged from the       U. S. Army Reserve.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Ready Reserve enlisted personnel ordered to active duty under Title 10, U. S. Code, are eligible for award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 states that although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in Soldier’s Official Military Personnel File (OMPF).  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, to be worn on the appropriate campaign or service medal, such as the Iraq Campaign Medal.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  There is no derogatory information in the applicant’s records and no evidence that he was ever disqualified for award of the Army Good Conduct Medal.  He was also awarded the Army Commendation Medal, one during his first period of service and one during his second period of service.

2.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for either of his two periods of active duty.  His first period of active duty has priority in consideration of award of the Army Good Conduct Medal, and he should be awarded the Army Good Conduct Medal for that 3-year period of active duty.  In doing so, he loses eligibility for award of the Army Good Conduct Medal for his second period of active duty, as only the first award of the Army Good Conduct Medal may be made for a period of less than one year.

3.  The applicant meets the eligibility criteria to wear two bronze service stars    on his Iraq Campaign Medal, and his DD Form 214 for the period ending             9 November 2006 should be amended to reflect this fact.

4.  It is also noted that the applicant stated he had been ordered to active duty from his IRR status, and his orders confirm this.  However, item 2 of his DD Form 214 for the period ending 9 November 2006 erroneously shows he was in the Army National Guard of the United States.  It should be corrected to show he was in the U. S. Army Reserve.


BOARD VOTE:

___xx___  ____xx___  ___xx__  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 first award of the Army Good Conduct Medal for the period 30 July 1998 through 29 July 2001;

     b.  amending his DD Form 214 for the period ending 9 November 2006 to add the Army Good Conduct Medal and to show he is eligible to wear two bronze service stars on his already-awarded Iraq Campaign Medal; and

     c.  amending item 2 of his DD Form 214 for the period ending 9 November 2006 to show he was in the U. S. Army Reserve instead of the Army National Guard of the United States.



	________xxxxx_________________
      	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)                                         AR20080007074



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ABCMR Record of Proceedings (cont)                                         AR20080007074



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