IN THE CASE OF:	  

		BOARD DATE:	    11 October 2011

		DOCKET NUMBER:  AR20110005852 


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) for the period ending 31 October 2010 to show the Army Achievement Medal (3rd Award) and Army Good Conduct Medal.  He also requests that this DD Form 214 read "Combat Infantryman Badge" instead of "Combat Infantryman."

2.  The applicant states he received three Army Achievement Medals.  He also states he completed more than 3 years of active service without incident and should receive the Army Good Conduct Medal.

3.  The applicant provides:

* his DD Form 214 and DD Form 214c (Continuation Sheet) for the period ending 31 October 2010
* his DD Form 214 for the period ending 20 December 2008
* Headquarters, 1st Brigade Combat Team, 101st Airborne Division (Air Assault), Permanent Orders 198-162
* DA Form 638 (Recommendation for Award) (front)

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 24 August 2006.  He completed training and was awarded the military occupational specialty of infantryman.  He was promoted to the rank/pay grade of specialist/E-4.

2.  The applicant was released from active duty on 20 December 2008 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 3 months, and 27 days of creditable active service during this period.  His records do not contain any judicial or nonjudicial punishment or other unfavorable information.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 December 2008 shows the Army Achievement Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

4.  He was ordered to active duty from the USAR in support of Operation Enduring Freedom and served on active duty during the period 4 October 2009 through 31 October 2010.  His DD Form 214 for this period shows he completed 1 year and 27 days of active service and was transferred to the USAR Individual Ready Reserve upon release from active duty.  Item 13 of his DD Form 214 for this period shows the Afghanistan Campaign Medal with one bronze service star, Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device, North Atlantic Treaty Organization Medal, and "Combat Infantryman."  His DD Form 214c, dated 29 September 2010, shows "Badge" in the continuation portion of item 13.  Since there is no error in this regard the portion of his request related to showing the correct title for the Combat Infantryman Badge, this badge will not be discussed any further in these proceedings.

5.  The applicant provides a photocopy of the front of a DA Form 638 recommending him for award of the Army Commendation Medal.  Item 8 (Previous Awards) contains the entry "AAM-2" indicating two previous awards of the Army Achievement Medal.

6.  A review of the applicant's records maintained in the interactive Personnel Electronic Records Management System failed to reveal any awards of the Army Achievement Medal.

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  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 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or other available evidence to show the applicant was awarded the first award of the Army Good Conduct Medal.  However, based on the rank he attained and the absence of any disqualification for award of the Army Good Conduct Medal, it should be presumed that he was eligible for the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 24 August 2006 through 20 December 2008 and add this award to his DD Form 214.

2.  Absent orders showing three awards of the Army Achievement Medal, there is insufficient evidence to support adding the Army Achievement Medal (3rd Award) to his DD Form 214.  However, his DD Form 214 for the period ending 20 December 2008 and the entry "AAM-2" on the DA Form 638 for an Army Commendation Medal is sufficient evidence to support showing he received at least two awards of the Army Achievement Medal.  As such, it would be appropriate to amend his DD Form 214 for the period ending 31 October 2010 to show the Army Achievement Medal (2nd Award).

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 24 August 2006 through 20 December 2008,

	b.  deleting the Army Achievement Medal from his DD Form 214 for the period ending 31 October 2010, and

	c.  adding the Army Good Conduct Medal (1st Award) and Army Achievement Medal (2nd Award) to his DD Form 214 for the period ending 31 October 2010.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Army Achievement Medal (3rd Award) to his DD Form 214 for the period ending 31 October 2010.



      __________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)                                         AR20110005852



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ABCMR Record of Proceedings (cont)                                         AR20110005852



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