IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100011442 


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 to be awarded the Army Good Conduct Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show receipt of this award.

2.  He states that although he fulfilled his initial enlistment obligation of more than 3 years of service without any adverse or disciplinary actions, he never received orders or any mention of being awarded the Army Good Conduct Medal.  Upon release from active duty, he joined the Minnesota Army National Guard (MNARNG) and is currently attending college.  He attests he is still serving and is a proud Veteran of Operation Iraqi Freedom.  He concludes that he would like his DD Form 214 to reflect his cherished military service with the award of the Army Good Conduct Medal that, in accordance with pertinent regulations, he should have earned.

3.  He provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 23 May 2005 and held military occupational specialty 11B (Infantryman).  He was released from active duty (REFRAD) on 11 September 2008 and transferred to the MNARNG.  At the time of his REFRAD, he held the rank/pay grade of sergeant/E-5.


2.  His DD Form 214 contains the following pertinent information:

	a.  Item 12b (Net Active Service This Period) shows he completed 3 years, 3 months, and 19 days of creditable service

	b.  Item 12f (Foreign Service) shows he completed 1 year, 2 months, and 16 days of foreign service

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) shows award or authorization for the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Driver and Mechanic Badge with Mechanic Clasp
* Driver and Mechanic Badge with Wheeled Vehicle Clasp
* Iraq Campaign Medal with bronze service star

	d.  Item 18 (Remarks) shows he served in Iraq from 21 October 2006 through 6 January 2008

3.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 23 May 2005 through 22 May 2008.  There are no also entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

4.  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 ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

5.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show receipt of this award were carefully considered and determined to have merit.

2.  The evidence of record confirms he served honorably on active duty during the 3-year period 23 May 2005 through 22 May 2008.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal that period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 23 May 2005 through 22 May 2008 and to correct his records to show this award.

3.  Evidence shows he served a qualifying period of service in Iraq for award of the ICM and that he participated in two campaigns.  Therefore, he is entitled to correction of his records to show the ICM with two bronze service stars.







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 Army Good Conduct Medal (1st Award) for the period 23 May 2005 through 22 May 2008; 

	b.  deleting the Iraq Campaign Medal with bronze service star from item 13 of his DD Form 214; and

	c.  adding the Army Good Conduct Medal (1st Award) and the Iraq Campaign Medal with two bronze service stars to item 13 of 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)                                         AR20100011442



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ABCMR Record of Proceedings (cont)                                         AR20100011442



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