IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090002116 


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 a second award of the Good Conduct Medal and three awards of the Overseas Service Ribbon.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Enlisted Record Brief (ERB) to show these awards.

2.  The applicant states that he honorably completed three consecutive years of military service without any unfavorable action and should have received his second award of the Good Conduct Medal.  He also adds that by regulation, the Overseas Service Ribbon is awarded for successful completion of an overseas tour and that Soldiers moved overseas on temporary duty or temporary change of station for more than 30 days are also entitled to this award.  He served overseas in support of Operation Iraqi Freedom on three separate occasions and each time was in excess of the required 30 days. 

3.  The applicant provided a copy of his DD Form 214, dated 10 April 2008; and a copy of his ERB, dated 6 February 2008, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 6 years on 11 April 2002.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 25M (Media Illustrator).  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 10 April 2008.

2.  The applicant’s records show he served in Iraq from 24 July 2005 to 1 November 2005 (100 days), 22 March 2006 to 4 May 2006 (43 days), and 19 May 2007 to 13 September 2007 (117 days) with B Company, 3rd Psychological Operations Battalion.

3.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 8 months and 16 days of foreign service.  

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Good Conduct Medal (1st Award), the National Defense Service Medal, the Global War on Terrorism Service and Expeditionary Medals, the Iraq Campaign Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Combat Action Badge, the Parachutist Badge, the Air Assault Badge, and the German Armed Forces Proficiency Badge (Silver).

5.  Headquarters, 24th Transportation Battalion, Fort Eustis, VA, Permanent Orders 133-03, dated 13 May 2005, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active Federal service during the period 11 April 2002 through 10 April 2005.

6.  The applicant’s records do not contain orders awarding him a second award of the Good Conduct Medal.

7.  The applicant’s records do not contain any evidence that shows he was denied a second award of the Good Conduct Medal or any derogatory information that would have disqualified him from receiving the second award of the Good Conduct Medal. 

8.  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.  

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

10.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

11.  Review of the applicant’s records reflects his entitlements to additional awards which are not shown on his DD Form 214.

12.  Headquarters and Support Company, 3rd Psychological Operations Battalion, Fort Bragg, NC, Permanent Orders 072-06, dated 12 March 2008, show the applicant was awarded the Drivers Badge on 4 February 2008.  

13.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns during Operation Iraqi Freedom: Liberation of Iraq, from19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.  Army Regulation 600-8-22 provides that bronze service stars will be worn on the appropriate campaign or service medal including the Iraq Campaign Medal.

14.  Army Regulation 600-8-104 (Military Personnel Management Information Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  The ERB is an automated record of personnel management qualifications and provides some duplication, in the form of data, of information recorded in the Soldier's Official Military Personnel File (OMPF).  The ERB is created, maintained, and updated while the Soldier is on active duty.  Upon separation from active duty, the ERB is no longer maintained or updated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded a second Good Conduct Medal and the Overseas Service Ribbon.  He also contends that his DD Form 214 and ERB should be corrected to show these awards.

2.  The available evidence confirms the applicant served honorably during the period 11 April 2005 through 10 April 2008.  There is no derogatory information in his record or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant a second Good Conduct Medal and correct his DD Form 214 to show this award.  

3.  Permanent orders awarded the applicant the Drivers Badge on 4 May 2008 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record shows the applicant served in Iraq from 24 July 2005 to 1 November 2005, 22 March 2006 to 4 May 2006, and 19 May 2007 to 13 September 2007 and he was awarded the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Iraqi Governance and National Resolution) during his service in Iraq.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Iraq Campaign Medal.

5.  The available evidence shows the applicant's 8 months and 6 days of non-continuous foreign/overseas service in Iraq is insufficient to qualify for award of the Overseas Service Ribbon.  Therefore, he is not entitled to this award.

6.  The ERB is an automated record of a Soldier's personnel management qualifications in the form of data.  The ERB is not maintained or updated subsequent to a Soldier's separation from active duty.  Therefore, the applicant is not entitled to correction of his ERB.  However, if the applicant reenters the Active Army, a new ERB will be generated and may capture all the awards and decorations that he was issued.

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:

	a.  awarding the applicant the Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 11 April 2005 through 10 April 2008;  

	b.  deleting the Good Conduct Medal (1st Award) from his DD Form 214; and

	c.  adding the Good Conduct Medal (2nd Award), the Drivers Badge, and two bronze service stars to be affixed to his already-awarded Iraq Campaign 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 the Overseas Service Ribbon and updating the ERB.




      _______ _  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)                                         AR20090002116



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ABCMR Record of Proceedings (cont)                                         AR20090002116



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