BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20130000671 


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 23 December 2010 to show:

* three vice two awards of the Army Commendation Medal (ARCOM)
* the Texas Federal Service Medal and Texas Combat Service Ribbon
* one additional bronze service star to be affixed to his Iraq Campaign Medal (ICM)

2.  The applicant states:

* during his Regular Army (RA) service one of his awards of the Army Commendation Medal was not added to his active duty DD Form 214 for the period ending 9 April 2008
* he was awarded the two State awards but he did not know about adding both to his DD Form 214
* he should receive an additional bronze service star for participation in Operation New Dawn

3.  The applicant provides:

* DD Form 214 for the period ending 9 April 2008
* DD Form 214 for the period ending 23 December 2010
* Three certificates for three awards of the ARCOM
* 
Memorandum and certificate for award of the Texas Federal Service Medal, dated 10 November 2010
* Memorandum and certificate for award of the Texas Combat Service Ribbon, dated 10 November 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 20 June 2002.  He held military occupational specialty 92Y (Unit Supply Specialist).  He served in Kuwait/Iraq from 2 February 2003 to 30 May 2003.

2.  Permanent Orders (PO) Number 123-108, issued by Headquarters, 108th Air Defense Artillery Brigade, Fort Bliss, TX, dated 2 May 2003, awarded him the ARCOM for exemplary performance from 27 December 2002 to 15 January 2003.

3.  PO Number 136-94, issued by the same headquarters, dated 15 May 2003, awarded him the ARCOM for exemplary achievement from 19 March 2003 to
1 June 2003.

4.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 March 2005.

5.  On 9 April 2008, he was honorably released from active duty at the completion of required active service in the rank/grade of SGT/E-5.  His DD Form 214 for this period of service shows he completed 5 years, 9 months, and
20 days of creditable active service with no time lost.  This form also shows he was awarded or authorized the:

* ARCOM
* Army Achievement Medal
* Presidential Unit Citation
* National Defense Service Medal
* Global War on Terrorism Service Medal
* ICM
* Army Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

6.  He enlisted in the Texas Army National Guard (TXARNG) effective 10 April 2008.  He also executed an extension in the TXARNG on 14 September 2009.

7.  On 15 February 2010, he was ordered to active duty in support of Operation Iraqi Freedom (OIF) and he subsequently served in Kuwait/Iraq from 9 April 2010 to 17 November 2010.  He was honorably released from active duty on
23 December 2010 at the completion of required active service.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* ARCOM (2nd Award)
* Army Achievement Medal
* Presidential Unit Citation (U.S. Navy)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* ICM with campaign star [one bronze service star]
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Driver and Mechanic Badge with Driver-W Bar

8.  PO Number 285-022, issued by Headquarters, 1st Sustainment Command, Camp Arifjan, Kuwait, dated 12 October 2010, awarded him the ARCOM for meritorious service from 15 February to 31 October 2010.

9.  He submitted two memoranda with corresponding certificates issued by the TXARNG, authorizing him awards of the Texas Federal Service Medal and Texas Combat Service Ribbon.

10.  His record does not contain orders awarding him the first award of the Army Good Conduct Medal.  A review of his record shows no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.

	a.  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.  

	b.  The ICM is awarded to members who have served in direct support of OIF. The 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 ICM period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)
* Iraqi Sovereignty (1 January 2009 - 31 August 2010)
* New Dawn (1 September 2010 - 31 December 2011)

12.  Army Regulation 635-5 (Personnel Separations - 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 that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded a total of three awards of the ARCOM.  His
DD Form 214 listed only two awards.  Therefore, his DD Form 214 for the period ending 23 December 2010 should be corrected to show the ARCOM
3rd Award).

2.  The applicant served in Kuwait/Iraq from 2 February to 30 May 2003 and participated in two campaigns.  He also served in Kuwait/Iraq from 9 April to
17 November 2010 and participated in one additional campaign.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded ICM and correction of his DD Form 214 for the period ending 23 December 2010 to show these bronze service stars.

3.  The applicant served honorably from 20 June 2002 through 9 April 2008 during his RA service.  He completed a combat tour in Kuwait/Iraq, he was awarded two awards of the ARCOM, and he attained the rank/grade of SGT/E-5. His record does not reflect any derogatory information in the form of 

lost time, a court-martial conviction, or non-judicial punishment.  There is also no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  It appears an administrative error occurred that resulted in the applicant not being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 for the period ending 23 December 2010 to show this award.

4.  With respect to State ribbons, State awards are not governed by, or listed in, Army Regulation 600-8-22.  As such, entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 26 of the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X_____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* deleting from his DD Form 214 for the period ending 23 December 2010 the Army Commendation Medal (2nd award) and the Iraq Campaign Medal with campaign star
* awarding him the Army Good Conduct Medal (1st Award) for the period
20 June 2002 through 19 June 2005
* adding to his DD Form 214 for the period ending 23 December 2010 the:

* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with three bronze service stars

2.  The Board further determined that the evidence presented was 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 listing state awards on 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)                                         AR20130000671



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ABCMR Record of Proceedings (cont)                                         AR20130000671



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