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ARMY | BCMR | CY2010 | 20100019256
Original file (20100019256.txt) Auto-classification: Approved

		
		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100019256 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and the Meritorious Unit Commendation.

2.  The applicant states she is authorized the requested awards.

3.  The applicant provides the following documents:

* Orders 125-42, Orders 128-391, and Orders 296-002, dated 4 May 2004, 7 May 2004, and 22 October 2004 respectively
* North Atlantic Treaty Organization Travel Order/Permanent 
Orders 296-002, dated 22 October 2004
* DA Form 638 (Recommendation for Award), dated 11 July 2005
* memorandum authorizing her the Global War on Terrorism Expeditionary Medal, dated 22 September 2005
* memorandum awarding her the Army Good Conduct Medal, dated 30 September 2005
* orders to active duty, dated 5 July 2006
* Permanent Orders 289-06, dated 16 October 2007, announcing award of the Meritorious Unit Commendation
* DD Forms 214 for the periods ending 17 June 2008 and 31 October 2009


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the New Jersey Army National Guard on 4 January 2002 having prior service and she held military occupational specialty 89B (Ammunition Specialist).  She served through multiple extensions in the Army National Guard.

3.  On 12 May 2004, she was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 23 October 2004 to 27 March 2006.  She was assigned to Headquarters and Headquarters Company (HHC), 42nd Division Support Command (DISCOM), 42nd Infantry Division.

4.  She was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 17 June 2008.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for this period shows the:

* Marine Corps Meritorious Mast
* Army Commendation Medal
* Army Achievement Medal
* Marine Corps Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device

5.  On 18 June 2008, she was again ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 5 September 2008 to 25 May 2009.  She was assigned to Battery A, 112th Field Artillery Battalion.

6.  She was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 31 October 2009.  Item 13 of her DD Form 214 for this period shows the:

* Iraq Campaign Medal with two bronze service stars
* Marine Corps Meritorious Mast
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Marine Corps Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device with Numeral 2

7.  She submitted a memorandum issued by HHC, 42nd DISCOM, Iraq, dated 30 September 2005, awarding her the Army Good Conduct Medal.

8.  She also submitted a copy of Permanent Orders 289-06 issued by the U.S. Army Human Resources Command, dated 16 October 2007, awarding HHC, 42nd Infantry Division, the Meritorious Unit Commendation for service from 14 February to 1 November 2005.

9.  Department of the Army general orders (number pending) awarded HHC, 42nd DISCOM, 42nd Infantry Division, the Meritorious Unit Commendation for service from 14 October 2004 to 14 October 2005.

10.  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.

11.  The Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal by message, dated 8 February 2005.  It stated Reserve Component Soldiers mobilized to active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends the first day the mobilized Reserve Component Soldier is serving on active duty.

DISCUSSION AND CONCLUSIONS:

1.  She served on active duty from 12 May 2004 to 17 June 2008.  She completed a combat tour in Iraq during this period and attained the rank/grade of SGT/E-5.  Her commander awarded her the Army Good Conduct Medal.  Therefore, she is entitled to have her DD Forms 214 for both periods of service corrected to show this award.

2.  The permanent orders she provides awarded HHC, 42nd Infantry Division, the Meritorious Unit Commendation.  The applicant was not assigned to HHC, 42nd Infantry Division, at the time.  She was assigned to HHC, 42nd DISCOM, in Iraq.  Nevertheless, her unit of assignment, HHC, 42nd DISCOM, 42nd Infantry Division, was awarded the Meritorious Unit Commendation for service from 14 October 2004 to 14 October 2005.  Therefore, she is entitled to correction of her DD Forms 214 to show this award.

BOARD VOTE:

____x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding to her DD Form 214 for the period ending 17 June 2008 the Army Good Conduct Medal (1st Award) and the Meritorious Unit Commendation and

	b.  adding to her DD Form 214 for the period ending 31 October 2009 the Army Good Conduct Medal (1st Award) and the Meritorious Unit Commendation.



      ____________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)                                         AR20100019256



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ABCMR Record of Proceedings (cont)                                         AR20100019256



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