BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090015866
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 that his records be corrected to reflect awards of the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), the Combat Action Badge (CAB), the Driver's Badge with wheel and track bars, and the Mechanic's Badge. He requests to be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he received award of the AAM during an exercise at Fort Hood, Texas, during the time frame of 2002-2003; however, he does not have the supporting documents. He further states he believes that he should have been awarded the AGCM for his uninterrupted service between 2001 and 2007. Additionally, his awards of the ARCOM, the CAB, the Driver's Badge with track and wheel bars, and the Mechanic's Badge were omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his discharge.
3. The applicant provides a copy of his DD Form 214 and copies of orders awarding him the ARCOM, the CAB, the Driver's Badge with track and wheel bars, and the Mechanic's Badge.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 October 2001 for a period of 4 years and completed his training as a Bradley Fighting Vehicle systems
maintenance specialist. He was promoted to the rank of sergeant on 1 January 2005 and reenlisted on 10 February 2005.
2. His official records show that he served two tours of duty in Iraq from 6 March 2004 to 1 June 2005 and from 30 October 2006 to 3 June 2007. There are no orders awarding him the AAM. His records contain no derogatory information that would serve to disqualify him for award of the AGCM and his records are void of a disqualifying statement from his commander.
3. Headquarters, 1st Cavalry Division, Permanent Orders 180-05, dated 29 June 2006, awarded the applicant the CAB.
4. 115th Forward Support Battalion, Division Support Command, 1st Cavalry Division, Permanent Orders 198-10, dated 17 July 2003, awarded the applicant the Driver's Badge with track and wheel bars.
5. 115th Forward Support Battalion, Division Support Command, 1st Cavalry Division, Permanent Orders 988-08, dated 17 July 2003, awarded the applicant the Mechanic's Badge.
6. Headquarters, 1st Brigade, 1st Cavalry Division Permanent Orders 363-039, dated 28 December 2004, awarded the applicant the ARCOM.
7. On 10 August 2007, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-8, due to parenthood. He had served 5 years, 9 months, and 10 days of total active service and his DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, and the Overseas Service Ribbon (2d Award).
8. Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 AGCM, disqualification must be justified in writing by the unit commander for permanent filing in the official military personnel file.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided copies of orders which awarded him the ARCOM, the CAB, the Driver's Badge with track and wheel bars, and the Mechanic's Badge. Accordingly, he is entitled to have those awards added to his records at this time.
2. After carefully examining the applicant's record of service, it appears that the applicant should have received the AGCM for his service from 31 October 2001 through 30 October 2004. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award. Accordingly, it would be appropriate to award him the AGCM at this time.
3. The applicant's contention that he was awarded the AAM has been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record that he was awarded the AAM. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add that award at this time.
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 awarding him the AGCM for the period 31 October 2001 through 30 October 2004 and by adding his awards of the ARCOM, the AGCM, the CAB, and the Driver and Mechanic Badge with Driver-W (for wheeled vehicles), Driver-T (for tracked vehicles), and Mechanic Bars to 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 adding the award of the AAM to his records.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his 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) AR20090015866
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