IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029617
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 Army Good Conduct Medal and Overseas Service Ribbon.
2. The applicant states, in effect, he completed over 3 years of honorable service to include 9 months of foreign service before he was discharged.
3. The applicant provides his DD Form 214 and Enlisted Record Brief (ERB).
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the Regular Army (RA) on
22 February 2007 and he was discharged on 10 May 2007 for failing medical/ physical/procurement standards. He completed 2 months and
19 days of active service that is uncharacterized.
2. On 3 April 2008, he enlisted in the RA, completed initial entry training, and was awarded military occupational specialty 11B (Infantryman). He reenlisted for
4 years on 20 October 2009. The highest rank/grade he attained was specialist/E-4.
3. On 10 August 2010, he was discharged under the provisions of paragraph 14, Army Regulation 635-200, due to misconduct (drug abuse) with a general discharge. The DD Form 214 he was issued for this period of service shows he served 2 years, 4 months, and 8 days net active service this period and 2 months and 19 days of prior active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 10 August 2010 shows award of the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, Expert Infantryman Badge, and Parachutist Badge.
5. Item 18 (Remarks) of his DD Form 214 for this period of service shows he served in Iraq from 7 October 2009 to 15 July 2010.
6. The ERB he provided shows his basic active service date as 22 February 2007 and listed the Army Good Conduct Medal. This document does not show the Overseas Service Ribbon or any overseas service or deployment time.
7. His records are void of any orders that indicate he was ever awarded the Army Good Conduct Medal by proper authority.
8. Item 12f (Foreign Service) of his DD Form 214 for the period ending 10 August 2010 shows 9 months and 9 days of foreign service.
9. 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. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Individuals whose retention is not warranted are not eligible for award of the Army Good Conduct Medal.
10. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
11. Army Regulation 614-30 (Overseas Service) provides in Rule 2 of Table 3-2 that credit for a completed tour may be awarded for less than the normal prescribed overseas tour when curtailment is for the convenience of the Government and through no request from or fault of the Soldier.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's ERB lists the Army Good Conduct Medal. However, there is no evidence that orders were published awarding him the Army Good Conduct Medal. While there is no record of any disciplinary action taken against him or disqualification by his chain of command, he was discharged prior to his expiration term of service date for misconduct (drug abuse). The available evidence indicates his longest continuous period of active service was 2 years, 4 months, and 8 days. Therefore, he did not complete a period of qualifying service for award of Army Good Conduct Medal. As such, there is an insufficient basis to warrant awarding him this medal or adding it to his DD Form 214.
2. His DD Form 214 for the period ending 10 August 2010 shows he served more than 9 months of continuous service in Iraq. However, there is insufficient evidence to show his tour in Iraq was not curtailed due to his misconduct for which he was discharged. As such, there is an insufficient basis for award of the Overseas Service Ribbon and to add this award to his DD Form 214.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100029617
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ABCMR Record of Proceedings (cont) AR20100029617
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