IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019367
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 award of the Army Good Conduct Medal.
2. The applicant states he served for 3 years without any problems.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 5 June 2006. He held military occupational specialty 13B (Cannon Crewmember). He also executed a reenlistment on 19 December 2007.
2. He served in Iraq from 17 January 2007 to 2 April 2008 and from 16 February 2009 to 3 December 2010.
3. In February 2010, at Fort Stewart, GA, he was enrolled in the Army Weight Control Program (AWCP) and as a result, he was flagged. He was ultimately discharged on 18 August 2011 in the rank/grade of specialist (SPC)/E-4 for weight control failure with an honorable characterization of service.
4. His DD Form 214 shows he completed 5 years, 2 months, and 14 days of active service. This form also shows he was awarded or authorized the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Iraq Campaign Medal with campaign star (second award)
* Driver and Mechanic Badge - Mechanic Bar
5. His Enlisted Record Brief does not list the Army Good Conduct Medal. This form also shows he was flagged for weight control effective 14 February 2011.
6. His records do not contain orders awarding him the Army Good Conduct Medal (1st Award). Likewise, his records do not contain a disqualification memorandum from his commander disqualifying him from receiving this award.
7. 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
8. In instances of disqualification 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 his or her statement, the individuals statement, and his or her consideration for permanent filing in the individuals Official Military Personnel File. 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.
9. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served honorably from 5 June 2006 to 18 August 2011. He completed 5 years, 2 months and 14 days of active service. This included two combat tours in Iraq, a reenlistment in the Regular Army in December 2007 and a promotion to the rank/grade of SPC/E-4. His record is void of any derogatory information during at least the first 3 years of his service. His record is void of a commander's disqualification memorandum.
2. Although he was flagged in February 2010, this occurred beyond the 3-year mark for award of the Army Good Conduct Medal. It appears his service from the date of enlistment (5 June 2006) to the date of his flag (14 February 2010), a period of more than 3 years, should have qualified him for award of the Army Good Conduct Medal. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show it.
3. He served a qualifying period of service for award of the Global War on Terrorism Service Medal and should be entitled to correction of his DD Form 214 to show it.
4. His DD Form 214 listed two awards of the Iraq Campaign Medal. By regulation, only one award of the Iraq Campaign Medal is authorized regardless of how many tours completed. The Board will not remove this erroneous entry unless the applicant specifically and formally requests it.
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:
* awarding him the Army Good Conduct Medal (1st Award) for service from 5 June 2006 through 4 June 2009
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Global War on Terrorism Service Medal
_______ _ 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) AR20130019367
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ABCMR Record of Proceedings (cont) AR20130019367
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