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ARMY | BCMR | CY2014 | 20140000458
Original file (20140000458.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000458 


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 Good Conduct Medal (3rd Award)
* Army Achievement Medal (2nd Award)

2.  The applicant states, in effect, an administrative oversight occurred.

3.  The applicant provides:

* letter from the National Personnel Records Center
* DA Form 638 (Recommendation for Award), page 1
* DD Form 214
* Army Achievement Medal Certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 November 2003.

2.  A memorandum from the commanding officer, Headquarters, 80th Area Support Group, dated 3 October 2005, shows the applicant was authorized to accept and wear the German Armed Forces Marksmanship Badge (Silver).

3.  95th Military Police Battalion Permanent Orders Number 10-294-006, dated 21 October 2010, awarded the applicant the Army Good Conduct Medal (2nd Award) for the period 11 November 2006 to 10 November 2009.

4.  His Enlisted Record Brief, dated 25 June 2013, shows award of the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Certificate of Achievement (3rd Award)
* Combat Action Badge
* Driver and Mechanic Badge with Driver-W Bar

5.  On 4 September 2013, the applicant was honorably discharged.  His DD Form 214 shows award of the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Action Badge (2nd Award)
* Certificate of Achievement (3rd Award)
* Driver and Mechanic Badge with Driver-W Bar

6.  The applicant provided page 1 of his DA Form 638 for award of the Army Achievement Medal with 1st Oak Leaf Cluster (his second award) for the period 17 August 2010 to 4 August 2012 and a copy of his Army Achievement Medal Certificate for the period 17 August 2010 to 4 August 2012.  His Army Achievement Medal Certificate shows it was awarded by Headquarters, 95th Military Police Battalion, Permanent Order Number 12-209-008, dated 27 July 2012.

7.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the Army Good Conduct Medal (3rd Award) for the period 11 November 2009 to 10 November 2012.

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.

	b.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 provides the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 638 for award of the Army Achievement Medal with 1st Oak Leaf Cluster shows he was previously awarded an Army Achievement Medal and his Army Achievement Medal Certificate confirms permanent orders awarded him a second Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The Army Good Conduct Medal is awarded every 3 years except when the period of the first award ends with the termination of active service.  His second period of eligibility for award of the Army Good Conduct Medal award was from 11 November 2006 to 10 November 2009.  His next period of eligibility for award of this medal would have been from 11 November 2009 to 10 November 2012.  His record is void of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the Army Good Conduct Medal (3rd Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (3rd Award) and to correct his DD Form 214 to show this award.

3.  The applicant was authorized to accept and wear the German Armed Forces Marksmanship Badge (Silver).  Therefore, he is entitled to correction of his DD Form 214 to show this foreign badge.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (3rd Award) for the period 11 November 2009 to 10 November 2012
* removing the Army Achievement Medal and the Army Good Conduct Medal (2nd Award) from his DD Form 214
* adding to his DD Form 214 the –

*	Army Good Conduct Medal (3rd Award)


*	Army Achievement Medal (2nd Award)
*	German Armed Forces Marksmanship Badge (Silver)



      _______ _  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)                                         AR20140000458



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140000458



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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