IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2009
DOCKET NUMBER: AR20090006097
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), the Good Conduct Medal, and "combat awards." He also requests all awards and decorations to which he may be entitled.
2. The applicant states that these awards were omitted from his DD Form 214.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 October 2003. He served as a power generator equipment repairer in Iraq from 8 December 2005 to
4 December 2006. He was promoted to sergeant effective 1 January 2007. On 16 March 2007, he was released from active duty in the rank of sergeant after completing 3 years, 4 months, and 24 days of creditable service with no time lost.
2. The applicant's DD Form 214 shows the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, and the Overseas Service Ribbon as authorized awards.
3. There are no orders for the Army Commendation Medal or the Good Conduct Medal in the available records.
4. There is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
5. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The regulation also states 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.
6. Army Regulation 600-8-22 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.
7. Army Regulation 600-8-22 provides that a bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns: Liberation of Iraq 19 March 2003 1 May 2003; Transition of Iraq 2 May 2003 28 June 2004; Iraqi Governance 29 June 2004 15 December 2005; and National Resolution 16 December 2005 Date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Army Commendation Medal in the available records. Therefore, there is insufficient evidence on which to add the Army Commendation Medal to his DD Form 214.
2. The applicant was released from active duty in the rank of sergeant after completing 3 years, 4 months, and 24 days of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 23 October 2003 through 22 October 2006.
3. The applicant's DD Form 214 shows the Iraq Campaign Medal as an authorized award. However, the applicant participated in two campaigns during his assignment in Iraq. Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars.
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 him the first award of the Good Conduct Medal for the period
23 October 2003 through 22 October 2006; and
b. adding the Good Conduct Medal and two bronze service stars for wear on his already-awarded Iraq Campaign Medal on his DD Form 214.
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 two awards of the Army Commendation Medal.
_______ _ _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) AR20090006097
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