IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110018320
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) by addition of the Army Good Conduct Medal (AGCM) (3rd Award) and two additional bronze service stars to his Iraq Campaign Medal (ICM).
2. He states upon completion of out-processing from the Army, the AGCM (3rd Award) appeared on his Enlisted Record Brief (ERB). Headquarters, Department of the Army approved two additional bronze service stars for wear on the ICM.
3. He provides:
* A copy of his ERB, dated 18 May 2010
* A set of orders
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 11 July 2000. After completion of training, he served in military occupational specialties 15R (Y1 AH-64 Attack Helicopter Repairer) and 21B (Combat Engineer).
2. The 55th Personnel Services Battalion issued Permanent Order 336-122, dated 1 December 2004. This order shows the applicant was awarded the AGCM (1st Award) for the period of service from 11 July 2000 to 10 July 2004. There are no disqualification statements or record of court-martial convictions which would have served to delay the AGCM (1st Award).
3. His ERB shows in Section I (Assignment Information - Overseas Deployment Combat Duty) he deployed as follows:
* Kuwait 10 August to 22 December 2001
* Iraq 22 August 2003 to 17 July 2004
* Iraq 7 November 2007 to 22 January 2009
4. An ERB, dated 18 May 2010, shows in section VII (Awards and Decorations), he was awarded the AGCM (3rd Award). His records are void of orders for the second and third awards of the AGCM.
5. On 1 February 2010, he was discharged after completing 9 years, 6 months, and 21 days of net active service. His DD Form 214 shows he was awarded the following:
* ICM with two campaign stars (also called bronze service stars)
* Army Achievement Medal
* Valorous Unit Award (2nd Award)
* AGCM (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Basic Aviation Badge
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. A minimum of 12 months enlisted service is required and must have been completed for first award of the AGCM; otherwise, the full 3 years of qualifying enlisted service is required. Second and subsequent awards are authorized for every 3 years of qualifying enlisted service thereafter. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
b. A bronze service star is authorized for wear with the ICM for participation in each credited campaign. His record shows he served in Iraq during the following campaigns:
* Transition of Iraq (2 May 2003 28 June 2004)
* Iraqi Governance (29 June 2004 15 December 2005)
* Iraqi Surge (10 January 2007 31 December 2008)
* Iraqi Sovereignty (1 January 2009 31 August 2010)
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the AGCM (1st Award) for the period 11 July 2000 to 10 July 2004, after 4 years of qualifying service. It appears an administrative oversight occurred and the medal was delayed due to his unit deployment from 22 August 2003 to 17 July 2004. Therefore, his orders should be amended to show he was awarded the AGCM (1st Award) for the period
11 July 2000 through 10 July 2003.
2. His record does not contain orders for the second or third awards of the AGCM; however, his ERB, which is dated after his discharge, shows he was awarded the AGCM (3rd Award). It is reasonable to presume that orders were issued for the AGCM (3rd Award) for the period of service from 11 July 2006 through 10 July 2009 which would be consistent with the corrected dates for the AGCM (1st Award). As a result, he is entitled to addition of this award to his DD Form 214.
3. Based on the presumption of government regularity, it would be appropriate to add the AGCM (3rd Award) to his DD Form 214.
4. The applicant's record shows he served in Iraq during four named campaigns and as a result, he is entitled to wear four bronze service stars on his ICM.
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. amending Permanent Order 336-122 to show the period of service 11 July 2000 through 10 July 2003;
b. deleting the AGCM (2nd Award) and the ICM with two bronze service stars from his DD Form 214; and
c. adding the AGCM (3rd Award) and ICM with four bronze service stars to 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) AR20110018320
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