IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019022
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 the Defense Meritorious Service Medal (DMSM) and a fourth award of the Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests an eighth award of the Good Conduct Medal.
2. The applicant states:
* His final out-processing day was 31 August 2009 and the DMSM and MSM were awarded after that date
* The eighth award of the Good Conduct Medal was not awarded because his eligibility date did not occur until 22 October 2010
3. The applicant provides:
* Orders, citation, and award certificate for the DMSM
* Orders and award certificate for the MSM with Second Oak Leaf Cluster
* Memorandum, dated 17 February 2010, from the Director, Manpower and Personnel, National Capital Region Medical, Bethesda, MD
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 October 1985 and served as a medical laboratory specialist and military intelligence systems maintainer/integrator. He retired on 31 October 2009 in the rank of sergeant major.
2. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the DMSM as an authorized award but does show, among other awards, the MSM (3rd Award) and Army Good Conduct Medal (7th Award).
3. Headquarters, Brooke Army Medical Center Permanent Order 128-33, dated 8 May 1998, shows he received the MSM for meritorious service for the period
18 August 1990 to 31 May 1998.
4. Headquarters, Eighth United States Army Permanent Order 150-6, dated
30 May 2003, shows he received the MSM for meritorious service for the period
1 June 2002 to 31 May 2003.
5. Headquarters, Walter Reed Army Medical Center Permanent Order 320-21, dated 16 November 2006, shows he received the seventh award of the Good Conduct Medal for the period 21 October 2003 to 20 October 2006.
6. Headquarters, North Atlantic Regional Medical Command Permanent Order 023-01, dated 23 January 2007, shows he received the MSM for meritorious service for the period 1 August 2003 to 31 October 2006.
7. Headquarters, United States Medical Command Permanent Order 254-003, dated 11 September 2009, shows he received the MSM with Second Oak Leaf Cluster (third award) for meritorious service for the period 1 November 1999 to 31 October 2009 as a retirement award. It appears this award should have been his fourth award.
8. Office of the Secretary of Defense, Military Personnel Awards Order Number 09-229, dated 28 September 2009, shows the applicant received the DMSM for the period October 2007 to October 2009. It appears this is a retirement award.
9. There are no orders for the eighth award of the Good Conduct Medal in the available records.
10. A memorandum, dated 17 February 2010, from the Director, Manpower and Personnel, Joint Task Force, National Capital Region Medical, Bethesda, MD states:
* The applicant's active duty service in the Army ended on 1 November 2009
* His last Good Conduct Medal was awarded to him on 22 October 2006
* There was no adverse action pending against him when his enlistment ended
11. On 10 February 2011, the applicant was notified by separate correspondence that his fourth award of the MSM and DMSM were retirement awards and only one retirement award would be shown on his DD Form 214 since a retiring Soldier may only be recommended for a Service or a Defense retirement award, not both. On 10 February 2011, he responded and requested the DMSM be added to his DD Form 214. Therefore, his request to add a fourth award of the MSM will not be discussed further in these proceedings.
12. Paragraph 1-19d of Army Regulation 600-8-22 (Military Awards) states, in pertinent part, a Soldier who is retiring may only be recommended for a Service or Defense retirement award, but not both.
13. 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 he received the DMSM. His DD Form 214 should be corrected to show this medal.
2. Orders show he received the seventh award of the Good Conduct Medal for the period 21 October 2003 through 20 October 2006. He retired on 31 October 2009 in the rank of sergeant major with no record of any disciplinary actions taken against him during his last enlistment. Therefore, it appears he met the eligibility criteria for the eighth award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 21 October 2006 through 20 October 2009.
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 eighth award of the Good Conduct Medal for the period 21 October 2006 through 20 October 2009;
b. deleting the entry "ARMY GOOD CONDUCT MEDAL (7TH AWARD)" from item 13 of his DD Form 214 and replacing it with Army Good Conduct Medal (8th Award); and
c. adding the DMSM 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) AR20100019022
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