BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005489


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 Commendation Medal (ARCOM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Overseas Service Ribbon

2.  The applicant states he was awarded the ARCOM and he was informed that the GWOTEM, GWOTSM, and Overseas Service Ribbon should be listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 4980-14 (ARCOM Certificate) showing Permanent Order 
Number 264-024 issued by Headquarters, 4th Brigade, 3rd Infantry Division, dated 20 September 2008
* DA Form 638 (Recommendation for Award) showing Permanent Order 
Number 264-024 issued by Headquarters, 4th Brigade Combat Team, 3rd Infantry Division, undated


CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his DD Form 214 to show the Overseas Service Ribbon.  This award is already reflected on his DD Form 214; therefore, this portion of his request will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 15 June 2006.  He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  Permanent Order Number 264-024 issued by Headquarters, 4th Brigade Combat Team, 3rd Infantry Division, dated 20 September 2008, awarded him the ARCOM for distinguished service to the Nation in support of Operation Iraqi Freedom (OIF).

4.  On 4 November 2009, he was honorably released from active duty at the completion of his required active service and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was credited with the completion of 3 years, 4 months, and 20 days of net active service during this period.

	a.  Item 12f (Foreign Service) of his DD Form 214 does not credit him with completion of any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Iraq Campaign Medal (ICM) with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge

	c.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN IRAQ 20071020-20081206."

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.

	a.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated area of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

	b.  The GWOTEM is awarded to members assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award of the GWOTEM was limited to members deployed abroad in support of Operation Enduring Freedom and OIF in designated specific geographic AOE, including Kuwait.

	c.  The ICM was awarded to members who served in direct support of OIF.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  Only one award of the ICM is authorized for any individual and under no condition could personnel or units receive the ICM, GWOTEM, GWOTSM, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

6.  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.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  There is no indication in his available records that shows he was awarded the Army Good Conduct Medal; however, there is similarly no indication that any of his previous commanders disqualified him for his initial award by directing the filing of a commander's disqualification statement in his official military personnel file (now known as the Army Military Human Resource Record).  There is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.

9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the ARCOM, GWOTEM, and GWOTSM was carefully considered.

2.  Permanent orders awarded him the ARCOM which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served in Iraq from 20 October 2007 through 6 December 2008 – a period of 1 year, 1 month, and 17 days.  This period of foreign service is not properly reflected on his DD Form 214; therefore, as a related issue he is entitled to correction of item 12f of his DD Form 214 to show this foreign service.

4.  He served during a qualifying period of service for entitlement to the GWOTSM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He served honorably from 15 June 2006 through 4 November 2009.  There is no evidence of any disciplinary or derogatory actions or of a commander's disqualification statement for the first award of the Army Good Conduct Medal; therefore, it is presumed that his conduct and efficiency ratings were excellent.  Accordingly, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 15 June 2006 through 14 June 2009 and to correct his DD Form 214 to show this award.

6.  His DD Form 214 shows he was awarded the ICM with campaign star.  The governing Army regulation states the ICM and GWOTEM may not be awarded for the same period of service.  Consequently, he is not entitled to the portion of the requested relief pertaining to award of the GWOTEM.


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 15 June 2006 through 14 June 2009;

	b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0001  01  17"; and

	c.  adding award of the ARCOM, GWOTSM, and Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214.

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 award of the GWOTEM 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)                                         AR20110020936



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