IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008466
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Commendation Medal (ARCOM) and one award of the Army Good Conduct Medal (AGCM).
2. The applicant states he received his second ARCOM on his last day of active duty after his DD Form 214 had already been prepared. He completed his
3 years of service for the AGCM on 15 September 2012 and had no misconduct during his active duty service.
3. The applicant provides copies of:
* DD Form 214, Member - 4 copy
* Two ARCOM certificates
CONSIDERATION OF EVIDENCE:
1. On 15 September 2009, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 12B (Combat Engineer).
2. The applicant served in Iraq from 20 January 2011 to 22 December 2011.
3. On 15 September 2011, the applicant was advanced to the rank of specialist, pay grade E-4.
4. On 25 October 2012, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 3 years, 1 month, and 11 days of creditable active duty service. His characterization of service was honorable and he was fully eligible for immediate reenlistment without waiver.
5. The applicant's DD Form 214 lists his awards as:
* ARCOM
* Army Achievement Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Air Assault Badge
6. The applicant provided a certificate for award of the ARCOM indicating Permanent Orders Number 278-012, dated 30 October 2011 and a certificate for award of the ARCOM indicating Permanent Orders Number 262-01, dated 18 September 2012. A review of his Army Military Human Resource Record (AMHRR) revealed the same two award certificates for the ARCOM as provided by him.
7. Army Regulation 600-8-22 (Military Awards):
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. In instances of disqualification for award of the AGCM, as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. This statement will include the period of disqualification and will be referred to the individual concerned for response. The unit commander will consider the individuals statement. If the commanders decision remains the same, the commander will forward the decision statement, the individuals response statement, and the commander's consideration for permanent filing in the individuals AMHRR, previously known as the Official Military Personnel File (OMPF). The immediate commanders decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individuals official records for the periods of service under previous commanders during the period for which the award is to be made. However, 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.
c. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 11 September 2001 and a date to be determined.
d. The Army Lapel Button is a gratuitous issue and the eligibility requirements include:
* transitioning with an honorable characterization of service
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service
* having had active Federal service on or after 1 April 1984
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was twice awarded the ARCOM. Therefore his DD Form 214 should be corrected to reflect both awards.
2. The applicants records show that he distinguished himself in the performance of his military service as evidenced by his advancement to specialist and award of multiple personal decorations.
3. There is no evidence of record showing that the applicant's commander took any action to deny him award of the AGCM; or that, the commander had any reason to do so. Therefore, it is presumed that his not receiving an AGCM for his service was an oversight. Accordingly, he should be awarded this medal.
4. The applicant served during a qualifying period for award of the NDSM. Therefore, this medal should be shown on his DD Form 214.
5. The applicant served during a qualifying period for issuance of the Army Lapel Button. Therefore, this item should be shown on his DD Form 214.
6. In view of the above, the applicant's request should be granted.
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. awarding him the Army Good Conduct Medal for the period
15 September 2009 through 14 September 2012;
b. deleting from his DD Form 214 the Army Commendation Medal; and
c. showing that, in addition to the awards already shown on his DD Form 214, his awards include:
* Army Commendation Medal (two awards)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
_______ _ 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) AR20130008466
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