IN THE CASE OF:	  

		BOARD DATE:	    4 May 2011

		DOCKET NUMBER:  AR20100026791 


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 Iraq Campaign Medal
* his sergeant (SGT)/E-5 rank/grade

2.  The applicant states he served in Iraq and he was promoted to SGT/E-5 prior to his discharge. 

3.  The applicant provides his DD Form 214 and promotion orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Michigan Army National Guard on 23 June 2005 and held military occupational specialty 19K (M-1 Armor Crewmember).  

2.  On 9 May 2009, he was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 31 July 2009 to 8 November 2009.  He was assigned to Company F, 425th Infantry.

3.  He was honorably released from active duty on 15 June 2010 by reason of disability with entitlement to severance pay.  He completed 1 year, 1 month, and 7 days of creditable active military service.  His DD Form 214 shows in:

	a.  items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade)  - "SPC (Specialist)," "E-4," and "2007  05  01" respectively; 

	b.  item 12f (Foreign Service) - "0000  03  08"; and 

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

4.  An email, dated 3 March 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exemption from 5 April 2003 to 9 November 2003 for service in Iraq.

5.  Per phone conversation with the applicant on 14 April 2011, he indicated that at this time he desires to keep the Global War on Terrorism Expeditionary Medal on his records and not add the Iraq Campaign Medal.  He indicated he understood no service member will be entitled to both medals for the same act, achievement, or period of service.

6.  He provides a copy of Orders 153-095, issued by Department of Military and Veterans Affairs, MIARNG on 2 June 2010 promoting him to SGT/E-5 effective 14 June 2010.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for items 4a and 4b list the rank/grade at the time of separation.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE (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.  

9.  Army Regulation 600-8-22 states that service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

10.  His record is void of official orders awarding him the Army Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions which would have disqualified him from receiving his first award of the Army Good Conduct Medal.

11.  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.

12.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto 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 (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to SGT/E-5 on 14 June 2010, prior to his discharge.  His DD Form 214 inadvertently listed his rank/grade as that of a SPC/E-4.  Therefore, he is entitled to correction of his   DD Form 214 to show the correct rank/grade and effective date of promotion.

2.  The available evidence confirms he served honorably on active duty during the period 9 May 2009 through 15 June 2010.  His records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 May 2009 through 15 June 2010
* deleting from items 4a, 4b, and 12h the entries "SPC," "E-4," and "2007  05  01" and adding the entries "SGT," "E-5," and "2010  06  14" respectively
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) 



      _______ _   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)                                         AR20100026791





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ABCMR Record of Proceedings (cont)                                         AR20100026791



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