BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090015796 


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 correction of his 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his first award of the Army Good Conduct Medal.  He requests correction of his 2007 DD Form 214 to reflect his second award of the Army Good Conduct Medal and the Combat Infantryman Badge.  He also requests a second award of the North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he had an awards ceremony for these decorations and that he has tried to resolve the issue of adding the awards to his DD Forms 214 on his own without success.

3.  The applicant provides copies of orders awarding him two Army Good Conduct Medals and the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant served an initial period of active duty as a Regular Army Soldier from 26 April 1999 to 23 August 2002.  On 30 July 2002, Permanent Order 211-006, issued by Alpha Detachment,
90th Personnel Services Battalion awarded the applicant the Army Good Conduct Medal for the period 26 April 1999 to 25 April 2002.

2.  Although the applicant was separated for misconduct with a general discharge on 23 August 2002, the misconduct which formed the basis for his separation action occurred in May 2002, after the period for which the Army Good Conduct Medal (first award) was awarded.  There is no indication this award was revoked.

3.  The applicant returned to military service as a member of the Oregon Army National Guard (ORARNG) and he was ordered to active duty in support of Operation Enduring Freedom on 1 March 2006.  On 19 April 2007, Permanent Orders 109-137, issued by Headquarters, Combined Joint Task Force Phoenix V, Afghanistan, awarded the applicant the Army Good Conduct Medal for the period 1 March 2006 to 12 June 2007.

4.  On 29 April 2007, Permanent Orders 119-023, issued by the Combined Security Transition Command-Afghanistan, awarded the applicant the Combat Infantryman Badge for engaging in active ground combat on 13 January 2007.

5.  On 16 June 2007, the applicant was released from active duty and returned to his ORARNG unit.  His two awards of the Army Good Conduct Medal and his Combat Infantryman Badge were omitted from his 2007 DD Form 214.

6.  There is no evidence of record that shows the applicant participated in a second mission/operation approved for wear of the NATO Medal.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

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 3 years except in those cases when the period for the first award only (emphasis added) ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

9.  Army Regulation 600-8-22 states the following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:

* Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined)
* Operations related to Kosovo (13 October 1998 to a date to be determined)
* Operation EAGLE ASSIST (12 October 2001 to 16 May 2002)
* Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined)
* International Security Assistance Force (ISAF) in Afghanistan (1 June 2003 to a date to be determined)
* Operations in the Balkans (1 January 2003 to a date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Army Good Conduct Medal (first award) for the period 26 April 1999 to 23 April 2002.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence also confirms the applicant was awarded the Combat Infantryman Badge for engaging in active ground combat on 13 January 2007.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Notwithstanding Permanent Orders 109-137 issued on 19 April 2007 that awarded the applicant the Army Good Conduct Medal for the period 1 March 2006 to 12 June 2007, he did not complete a qualifying period for a second award of the Army Good Conduct Medal.  However, it appears that the issuing command was unaware that the applicant was previously awarded the Army Good Conduct Medal (first award).  By regulation, the period for award of the Army Good Conduct Medal is 3 years except for the first award only upon termination of a period of Federal military service of less than 3 years but more than 1 year.  Therefore, there is no basis for adding a second Army Good Conduct Medal to his DD Form 214 at this time.

4.  There is no evidence and the applicant did not provide any evidence to support award of a second NATO Medal.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

5.  The U. S. Army Human Resource Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.  Soldiers should submit a request to the U.S. National Military Representative (USNMR) at Supreme Headquarters Allied Powers Europe (SHAPE), Belgium:  usnmr@benelux.army.mil if their certificate was lost or if requesting a replacement certificate.  Soldiers are advised to include their social 


security number, name, rank, nationality, service, unit, location, periods of service, and number of days of deployment in their request.

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 adding to item 13 of his DD Form 214 for the period ending 16 June 2007 the Army Good Conduct Medal (for the period 26 April 1999 to 25 April 2002) and the Combat Infantryman Badge.

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 a second NATO Medal and adding a second Army Good Conduct Medal to his DD Form 214.



      _________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)                                         AR20090015796



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ABCMR Record of Proceedings (cont)                                         AR20090015796



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