IN THE CASE OF:  	  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140003032 


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) dated 31 December 2013 to show he was awarded the Army Achievement Medal (AAM)(6th Award) and the Army Good Conduct Medal (AGCM) (7th Award).

2.  The applicant states, in effect, his DD Form 214 erroneously shows he was awarded the Army Achievement Medal (4th Award) and the Army Good Conduct Medal (2nd Award).

3.  The applicant provides:

* Permanent Orders 30-16 dated 1 May 1995 awarding him the AGCM (1st Award)
* Permanent Orders 37-303 dated 6 February 1999 awarding him the AGCM 2nd Award)
* Memorandum for Record (five) awarding him the third through the seventh awards of the Army Good Conduct Medal dated 21 January 2014
* Permanent Order Number 116-03 dated 15 November 1993 awarding him the AAM for the period 2 December 1991 to 1 December1993
* Permanent Order Number 110-6 dated 1 June 1995 awarding him the AAM for the Period 2 May 1995 to 8 May 1995
* Permanent Orders Number 140-2 dated 25 September 1995 awarding him the AAM for the Period 6 January 1994 to 5 October 1995
* Permanent Order Number 03-165 dated 7 June 2003 awarding him the AAM for the Period January 2003 to April 2003
* Permanent Orders Number 6140-29 dated 20 May 2006 awarding him the AAM for the period 6-20 May 2006
* Permanent Orders Number 046-01 (undated) awarding him the AAM for the period 12 July 2003 to 26 July 2003

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 10 June 1992.  He enlisted in the Regular Army (RA) on 9 July 1992.  He reenlisted in the RA on 4 April 1995.

2.  On 14 January 1999, the applicant enlisted in the Alabama Army National Guard (ALARNG) to be effective upon his separation.  He was honorably released from active duty (REFRAD) on 3 April 1999, due to non-retention on active duty.  He was transferred to Company D, 1st Battalion, 152nd Armor Regiment.

3.  His DD Form 214 shows that along with other awards he was authorized the Army Achievement Medal (3rd Award) and the Army Good Conduct Medal (2nd Award).

4.  Orders 256-010 were published ordering the applicant to full-time National Guard duty in the Active Guard Reserve (AGR) effective 12 September 2000.

5.  Orders 278-604 were published on 5 October 2001 rescinding the unexecuted portion of Orders 256-101.  He was honorably REFRAD (AGR Program) on 5 October 2001.  His DD Form 214 shows that along with other awards he was authorized the Army Achievement Medal (3rd Award) and the Army Good Conduct Medal (1st Award – 950709).

6.  Orders 279-450 were published ordering the applicant to active duty as a member of his Reserve Unit effective 6 October 2001 in support of Operation Noble Eagle.

7.  Orders 271-0076 were published releasing him from active duty effective 5 October 2002.  His DD Form 214 shows that along with other awards he was authorized the Army Achievement Medal (3rd Award) and the Army Good Conduct Medal (2nd Award).

8.  Orders 289-002 were published ordering the applicant to full-time National Guard duty in the AGR effective 6 October 2002.  He retired on 31 December 2013 due to obtaining sufficient service for retirement.  His DD Form 214 shows the following awards:
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Air Assault Badge
* Driver and Mechanic Badge with  Mechanic Bar  (2nd Award)

9.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for additional awards of the Army Good Conduct Medal.

10.  The applicant provides five Memoranda of Record dated 21 January 2014 announcing the award of the Army Good Conduct Medal (3rd through 7th Award) for exemplary behavior, efficiency and fidelity for the periods 9 July 1998 through 8 July 2013.  However, these memoranda do not coincide with his actual dates of service on active duty.  There are no orders in the applicant's Official Military Personnel File awarding him the Army Good Conduct Medal third through seventh awards.

11.  He also provides permanent orders 116-03, 110-6, 140-2, 03-165, 6140-29, and 046-01 showing he is authorized the Army Achievement Medal (6th Award).

12.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940

* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946

* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in the line of duty

* For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and 
11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	c.  The Global War on Terrorism Service Medal (GWOTSM) 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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided six permanent orders showing he is authorized the Army Achievement Medal (6th Award).  Accordingly, his DD Form 214 should be amended to show all of these medals.

2.  Although the applicant has provided five Memoranda for Record announcing the award of the Army Good Conduct Medal (3rd through 7th Awards), the memoranda do not coincide with his actual dates on active duty.

3.  The available evidence shows he received two awards of the Army Good Conduct Medal for his service from 10 July 1992 through 9 July 1995 and from 9 July 1995 through 8 July 1998.  While he remained on active duty until 3 April 1999, he did not complete another 3 years of active service.  He had a break in active duty service from 3 April 1999 until he was ordered to active duty on 12 September 2000.

4.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for additional awards of the Army Good Conduct Medal.  Based on his continuous active duty service from 12 September 2000 through 31 December 2013 and the Memoranda for Record stating that his conduct and efficiency was exemplary, he is authorized four additional awards of the Army Good Conduct Medal.  These awards should be added on his DD Form 214.

5.  The applicant is authorized the National Defense Service Medal with one bronze service star and the Global War on Terrorism Service Medal.

6.  In view of the foregoing, the applicant records should be corrected as recommended below.

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 awarding him the Army Good Conduct Medal (6th Award) and amending his DD Form 214 dated 31 December 2013 as follows:

	a.  delete the Army Achievement Medal (4th Award) and the Army Good Conduct Medal (2nd Award).

	b.  add the following awards:

* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal with on bronze service star
* Global War on Terrorism Service Medal


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 amending his DD Form 214 to show he is authorized the Army Good Conduct Medal (7th Award).



      _______ _   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)                                         AR20140003032



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ABCMR Record of Proceedings (cont)                                         AR20140003032



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