BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100015470 


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 or Discharge from Active Duty) to show award of the Combat Infantryman Badge, Army Achievement Medal, Expert Infantryman Badge, Humanitarian Service Medal, and Army Commendation Medal.

2.  The applicant states:

* He was dealing with a serious life threatening injury which caused a delay in his request for correction of his DD Form 214
* His condition is getting better
* A corrected DD Form 214 will allow him to get medical treatment from the Department of Veterans Affairs 

3.  The applicant provides:

* Memorandum, dated 9 December 2005, authorization to wear the Humanitarian Service Medal
* Certificate of Achievement in support of Joint Task Force Katrina 
* Orders for the Combat Infantryman Badge, Army Achievement Medal, and Army Commendation Medal
* Certificate of Achievement for the Expert Infantryman Badge 




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 July 2004 and trained as an infantryman.  He served in Iraq from 1 August to 24 December 2006.  On 
27 September 2007, he was released from active duty in the rank of specialist after completing 3 years, 2 months, and 8 days of creditable service with no time lost and no record of any disciplinary actions taken against him.   

2.  The applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows the National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal (ICM), Army Service Ribbon, and Parachutist Badge as authorized awards. 

3.  The applicant provided a Certificate of Achievement which shows he successfully completed the Expert Infantryman Badge Test and was awarded the Expert Infantryman Badge on 21 April 2005.  

4.  Headquarters, 2nd Battalion, 505th Parachute Infantry Regiment Permanent Order 290-14, dated 17 October 2005, shows the applicant received the Army Achievement Medal for the period 3 September to 27 September 2005.

5.  The applicant provided a memorandum, dated 9 December 2005, which shows he was authorized to wear the Humanitarian Service Medal for supporting relief efforts for Hurricanes Katrina and Rita from 29 August to 13 October 2005 in the areas of Louisiana and Mississippi.  He also provided a Certificate of Achievement for exceptional achievement in support of Joint Task Force Katrina from 30 August through 30 September 2005.

6.  Headquarters, 3rd Brigade, 83nd Airborne Division Permanent Order 167-07, dated 1 August 2007, shows the applicant received the Army Commendation Medal for the period 9 August to 24 December 2006.

7.  Headquarters, 25th Infantry Division Permanent Order 020-050D, dated 
20 January 2007, shows the applicant received the Combat Infantryman Badge.  

8.  There are no orders for the Good Conduct Medal in the available records.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.   


10.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of OIF.  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 ICM 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 
30 consecutive days or for 60 non-consecutive days or meet one of several other criteria.  Approved designated Iraq campaigns are:

* Liberation of Iraq/19 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004 
* Iraq 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

11.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Achievement Medal, Army Commendation, and Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The Certificate of Achievement provided by the applicant which shows he completed the Expert Infantryman Badge Test and was awarded the Expert Infantryman Badge is accepted as sufficient evidence on which to add the Expert Infantryman Badge to his DD Form 214.

3.  The memorandum provided by the applicant which shows he was authorized to wear the Humanitarian Service Medal for supporting relief efforts for Hurricanes Katrina and Rita is accepted as sufficient evidence on which to add the Humanitarian Service Medal to his DD Form 214.  

4.  The applicant's DD Form 214 shows the ICM as an authorized award.  Based on his service in Iraq he is eligible for the ICM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant was released from active duty on 27 September 2007 in the rank of specialist after completing 3 years 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 
20 July 2004 through 19 July 2007.  

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 first award of the Good Conduct Medal for the period 
20 July 2004 through 19 July 2007; 

	b.  deleting the entry "IRAQ CAMPAIGN MEDAL" in item 13 of his DD Form 214; and










	c.  adding the Good Conduct Medal, Army Achievement Medal, Army Commendation Medal, Combat Infantryman Badge, Expert Infantryman Badge, Humanitarian Service Medal, and ICM with one bronze service star 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)                                         AR20100015470



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ABCMR Record of Proceedings (cont)                                         AR20100015470



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