IN THE CASE OF:
BOARD DATE: 08 April 2010
DOCKET NUMBER: AR20090019653
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 DD Form 214 (Certificate of Release of Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) and two awards of the Army Achievement Medal (AAM).
2. The applicant states he was discharged to attend school and did not notice the error on his DD Form 214 until after he got out of the Army.
3. The applicant provides the following:
* a copy of his DD Form 214
* a copy of a DA Form 4980-18 (AAM Certificate) issued by the 4th Battalion, 23d Infantry, for meritorious service from 7 January 2004 to
1 October 2006
* a copy of a DA Form 4980-18 issued by the 4th Battalion, 23d Infantry, for superior performance during the period 16 August 2004 to 19 September 2004
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army 12 September 2003. He was trained in and awarded military occupational specialty 11B (Infantryman). He was honorably released from active duty on 7 July 2007 having served 3 years, 9 months, and 26 days. His record shows he served in Iraq from 15 August 2005 through 25 July 2006.
2. The applicant's DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the following:
* Army Commendation Medal
* AAM
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
3. The applicant's DD Form 214 does not show award of the AGCM.
4. His record shows no derogatory information that would disqualify him for award of the AGCM. The record also shows the applicant was promoted to E-5 on 1 September 2006. The record is void of any documentation showing he was recommended for or awarded the AGCM.
5. The applicant's record includes a DA Form 4980-18 issued by the 4th Battalion, 23d Infantry, for superior performance during the period 16 August 2004 to 19 September 2004.
6. The applicant provides a properly-completed DA Form 4980-18 issued by the 4th Battalion, 23d Infantry, for meritorious service from 7 January 2004 to
1 October 2006.
7. Army Regulation 600-8-22 (Military Awards) states 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 Good Conduct Medal, disqualification must be justified.
8. Review of the applicant's records indicates entitlement to additional decorations that are not shown on his DD Form 214.
9. Military Personnel (MILPER) Message Number 10-078 announced campaign periods for Operation Iraqi Freedom. Two designated campaigns coincide with the applicant's service in Iraq: Iraqi Governance and National Resolution.
10. Army Regulation 600-8-22 states a bronze service (campaign) star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. MILPER Message Number 10-078 states one bronze campaign star will be worn on the ICM for one or more days of participation in each designated campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the AGCM and two awards of the AAM is supported by the evidence.
2. The record shows the applicant served honorably during the period
12 September 2003 through 7 July 2007. He served in Iraq from 15 August 2005 through 25 July 2006, earned the CIB, and was promoted to E-5. Based on his overall record of service it would be appropriate to award him the AGCM based on completion of a qualifying period of Federal military service. He is entitled to correction of his records to show this medal.
3. The record shows the applicant received one award of the AAM for superior performance during the period 16 August 2004 to 19 September 2004. However, he has provided a properly completed copy of DA Form 4980-18 issued by the 4th Battalion, 23d Infantry, shows he was awarded the AAM for meritorious service from 7 January 2004 to 1 October 2006. He is entitled to correction of his records to show two awards of the AAM.
4. The applicant was awarded the ICM. His records show he participated in two campaigns while serving in Iraq. He is entitled to award of two bronze service (campaign) stars for wear on the ICM.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 AGCM (1st Award) for the period 12 September 2003 through 11 September 2006,
b. deleting the AAM and ICM from his DD Form 214, and
c. adding the following to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (2d Award)
* Iraq Campaign Medal with two bronze service stars
_______ _ 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) AR20090019653
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ABCMR Record of Proceedings (cont) AR20090019653
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