BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20080018056 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 24 November 2005, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Army Good Conduct Medal (2nd Award) and the Combat Medical Badge. 

2.  The applicant essentially states that the Army Good Conduct Medal awarded to him in 2005 is shown as his first award, but that he actually received his first Army Good Conduct Medal while on active duty from March 1992 to August 1994.  He also states that his DD Form 214 was issued before his Combat Medical Badge orders made their way through command channels to him.

3.  The applicant provides his DD Form 214 for the period 3 March 1992 to 
3 August 1994; his DD Form 214; orders, dated 7 September 2005, which awarded him the Combat Medical Badge; and orders, dated 19 October 2005, which essentially awarded him the Army Good Conduct Medal for the period 
7 June 2004 to 24 November 2005 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular Army on 3 March 1992, and served on active duty until he was honorably released from active duty on 3 August 1994.  His DD Form 214 for this active duty service 


shows that he was awarded the Army Service Ribbon, the Army Good Conduct Medal (1st Award), and the National Defense Service Medal.  On 4 August 1994, he enlisted in the Idaho Army National Guard.  On 7 June 2004, he was ordered to active duty.  He served in Kuwait and Iraq from 27 November 2004 to 
2 November 2005.  He was honorably released from active duty on 24 November 2005.  His DD Form 214 shows that he was awarded the Army Commendation Medal (4th Award), the Army Achievement Medal (4th Award), the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Global War on Terrorism Service Medal, and the Iraq Campaign Medal.  On 25 February 2006, he was honorably discharged from the Idaho Army National Guard.  

2.  The applicant's DD Form 214 only shows one award of the Army Good Conduct Medal.  He was awarded his first Army Good Conduct Medal for his active duty service in the Regular Army from 3 March 1992 to 3 August 1994.  The applicant also provided orders, dated 19 October 2005, which awarded him a second Army Good Conduct Medal for the period 7 June 2004 to 24 November 2005, which was the date of his separation from active duty.  

3.  The applicant's DD Form 214 does not show that he was awarded the Combat Medical Badge, but the applicant provided Headquarters, 42nd Infantry Division Permanent Orders Number 250-84, dated 7 September 2005, which awarded him the Combat Medical Badge.

4.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability, and standards on awarding service stars on the Iraq Campaign Medal.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Iraq, he participated in the Iraqi Governance campaign    (29 June 2004 to 15 December 2005). 

5.  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.  



6.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Army Good Conduct Medal (2nd Award) and the Combat Medical Badge. 

2.  While the applicant was issued orders for a second Army Good Conduct Medal, those orders were issued in error, as the applicant had already received his first Army Good Conduct Medal from his service in the Regular Army from March 1992 to August 1994.  As a result, in order to be eligible for consideration for his second Army Good Conduct Medal, the applicant would had to have completed 3 continuous years of enlisted active duty service, which he did not.  
As it is the policy of the ABCMR not to correct a record to reflect a change that will make the individual concerned worse off than before applying, no action will be taken to revoke the 19 October 2005 orders which erroneously awarded him a second Army Good Conduct Medal.  However, he is not entitled to correction of his DD Form 214 to show the award of the Army Good Conduct Medal (2nd Award).  

3.  Permanent orders awarded the applicant the Combat Medical Badge, but this badge is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Combat Medical Badge.

4.  The applicant participated in one campaign during his service in Iraq; therefore, he is entitled to correction of his military records to show one bronze service star to be affixed to his already awarded Iraq Campaign Medal.

5.  The applicant served on active duty during two separate qualifying periods for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his military records to show one bronze service star to be affixed to his already-awarded National Defense Service Medal.



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 amending his DD Form 214 for the period ending 24 November 2005 to add     the Combat Medical Badge, one bronze service star to be affixed to his already- awarded Iraq Campaign Medal, and one bronze service star to be affixed to his already-awarded National Defense Service Medal.

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 award of the Army Good Conduct Medal (2nd Award) to his DD Form 214 for the period ending 24 November 2005.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during his service in Iraq.  The applicant and all Americans should be justifiably proud of his honorable service in arms.
  



      _______ _   _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)                                         AR20080018056



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ABCMR Record of Proceedings (cont)                                         AR20080018056



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