IN THE CASE OF:	  

		BOARD DATE:	       11 AUGUST 2009

		DOCKET NUMBER:  AR20090004734 


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), dated 30 January 2009, be corrected by correcting the dates of his Iraq service listed in item 18 to read 28 October 2006 through 16 January 2008 and by adding the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and all other medals he is eligible for based on his service in Iraq.

2.  The applicant states, in effect, that the dates of his service in Iraq reflected in item 18 of his DD Form 214 are incorrectly shown as 28 June 2005 through 30 November 2007 and should instead show he served in Iraq from 28 October 2006 through 16 January 2008.  He further states the AGCM, AAM, and ARCOM should be added to the list of awards contained in item 13 of his DD Form 214.

3.  The applicant provides the following documents in support of his application:  a DD Form 214; Headquarters, 1st Cavalry Division, Orders Number 228-01, dated 16 August 2006; Headquarters, 1st Cavalry Division, Orders 269-03, dated 26 September 2007, with attached name roster; a DD Form 1351-2 (Travel Voucher or Subvoucher); a DA Form 31 (Request and Authority for Leave), dated 24 March 2007; a DA Form 638 (Recommendation for Award), dated 1 August 2006; two AAM Certificates; and an ARCOM Certificate.


CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and entered active duty on 28 June 2005.  He was trained in, awarded, and served in military occupational specialty 19D (Cavalry Scout) and the highest rank he attained during his military service was specialist.

2.  On 21 November 2008, a summary court-martial (SCM) found the applicant guilty of three specifications of violating Article 86 of the Uniform Code of Military Justice (UCMJ) by failing to repair on 24 July 2008 and 22 September 2008 and of being absent without leave (AWOL) from 30 July 2008 until 12 August 2008.  The resultant punishment included a reduction to private/E-1 (PV1), forfeiture of $449.00, and 29 days of confinement.

3.  On 30 January 2009, the applicant was discharged in the rank of PV1 under the provisions of paragraph 14-12c(2), Army Regulation 635-200, by reason of misconduct (drug abuse) and he received a general under honorable conditions discharge.

4.  The DD Form 214 issued to the applicant on 30 January 2009, the date of his discharge, shows he completed a total of 3 years, 6 months, and 21 days of active military service and that he was assigned a reentry eligibility (RE) code of RE-4 based on the authority and reason for his discharge.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, and Overseas Service Ribbon during his active duty tenure.

5.  The applicant provides an AAM certificate, dated 6 April 2006, which shows he was awarded the AAM for meritorious achievement during the period 13 February 2006 to 15 February 2006 and that this award was authorized and announced in official orders.  He also provides a DA Form 638, dated 1 August 2006, which shows he was awarded the AAM with 1st oak leaf cluster (2nd award) for meritorious achievement during the period 17 July 2006 to 9 August 2006 and that this award was authorized and announced in official orders.  In addition, he provides a certificate, dated 9 December 2007, which shows he was awarded the ARCOM for meritorious service in support of Operation Iraqi Freedom during the period 31 October 2006 through 30 January 2008 and that this award was authorized and announced in official orders.  He further provides a DD Form 1351-2 which shows he departed Kuwait/Iraq on 15 January 2008 and arrived at Fort Hood, Texas, on 16 January 2008.

6.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile file pay/imminent danger pay (HFP/IDP) for Iraq during the period 1 October 2006 through 31 January 2008 and that his actual service was from 30 October 2006 through 15 January 2008.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM) and states, in pertinent part, that it is authorized for service in Iraq on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  One bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in Iraq.  The Department of the Army approved Iraq campaigns and inclusive periods are as follows:  Liberation of Iraq from 19 March 2003 through 1 May 2003, Transition of Iraq from 2 May 2003 through 28 June 2004, Iraqi Governance from 29 June 2004 through 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

8.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that the GWOTSM is authorized to all members who served on active duty outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

9.  Chapter 4 of Army Regulation 600-8-22 contains guidance on award of the AGCM which is awarded for distinguishing conduct, efficiency, and fidelity during a qualifying period of active duty.  The normal qualifying period is 3 years.  It further states, in pertinent part, that a court-martial conviction terminates a period of qualifying service and that a new period begins the day following completion of the sentence imposed by the court-martial.  It further stipulates that individuals whose retention is not warranted or for whom a bar to reenlistment has been approved are not eligible for the AGCM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that two awards of the AAM and the ARCOM should be added to the list of awards on his DD Form 214 was carefully considered and found to have merit.

2.  The evidence provided includes a DA Form 638 and certificates that confirm the applicant was awarded the AAM for meritorious achievement during the periods 13 February 2006 through 15 February 2006 and 17 July 2006 through 9 August 2006 and that these awards were authorized and announced in official orders.  He also provided a certificate that confirms he was awarded the ARCOM for meritorious service in support of Operation Iraqi Freedom during the period 31 October 2006 through 30 January 2008 and that this award was authorized and announced in official orders.  As a result, it would now be appropriate to add the ARCOM and AAM with 1st oak leaf cluster (2nd award) to item 13 of his DD Form 214.

3.  The applicant's contention that the dates of his Iraq service in item 18 of his DD Form 214 are incorrect and should be corrected to read 28 October 2006 through 16 January 2008 was also carefully considered and found to have partial merit.  The evidence of record confirms the applicant served in Iraq from 30 October 2006 through 15 January 2008 as evidenced by the official DFAS pay record.  As a result, the item 18 entry in question should be corrected accordingly.

4.  The evidence of record further confirms that based on his active duty service after 11 September 2001 and on his Iraq service and campaign participation, he is also eligible for the GWOTSM and one bronze service star with his ICM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

5.  The evidence of record fails to show the applicant was ever recommended for or awarded the AGCM by proper authority while serving on active duty.  Further, the record shows he was convicted by an SCM and that he was separated for misconduct with an RE code of RE-4 which disqualifies him from reenlistment.  In the absence of compelling evidence to the contrary, it is presumed his unit commander disqualified him from receiving the AGCM in June 2008 when he would have first been eligible.  Further, given his subsequent SCM conviction, it appears that such a commander's decision would have been appropriate.

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 30 January 2009 DD Form 214 by adding the Army Commendation Medal, Army Achievement Medal with 1st oak leaf cluster (2nd award), Global War on Terrorism Service Medal, and one bronze service star with his Iraq Campaign Medal to the list of awards contained in item 13; by correcting the entry regarding his Iraq service in item 18 to read, "SERVICE IN IRAQ FROM 20061030-20080115"; and by providing him a correction to his separation document that includes these changes.

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 award of the Army Good Conduct Medal and further correction of the dates of Iraq service in item 18 of his DD Form 214.



      ___________XXX______________
       	     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)                                         AR20090004734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004734



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1