PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 October 2002    
	DOCKET NUMBER:   AR2002073021

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Karen A. Heinz		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, the second award of the Good Conduct Medal.  He also requests authorization for wear of the shoulder sleeve insignia for former wartime service for Operation Enduring Freedom.

3.  The applicant states that he was not awarded the Good Conduct Medal for the period 30 December 1998 through 29 December 2001.  He also contends that he was not awarded the shoulder sleeve insignia for former wartime service for Operation Enduring Freedom.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 29 December 2001; a DD Form 215 (Correction to DD Form 214), dated 5 April 2002; a Department of the Army message authorizing wear of the shoulder sleeve insignia for former wartime service for Operation Enduring Freedom, dated February 2002; deployment orders, dated 1 October 2001; a Tactical Personnel System Personnel Manifest; an excerpt titled “Medals, Insignia Granted to Soldiers Supporting War Effort”; and a North Atlantic Treaty Organization Travel Order, dated 7 December 2001.    

4.  The applicant’s military records show that he was ordered to active duty on 
23 June 1993 for training.  He was released from active duty on 13 August 1993 and transferred to the U.S. Army Reserve to complete his remaining service obligation.  The applicant entered active duty on 24 February 1994.  He served as an indirect fire infantryman in Germany from 9 March 1994 through 
8 February 1996 and was released from active duty on 23 February 1997.  The applicant entered active duty again on 30 December 1998, served as an infantryman and was released from active duty on 29 December 2001.  

5.  The applicant’s DD Form 214 with an effective date of 29 December 2001 does not show the second award of the Good Conduct Medal as an authorized award.  His DD Form 214 does show one award of the Good Conduct Medal. 

6.  Headquarters, 10th Mountain Division (Light Infantry) Permanent Orders 
187-12, dated 6 July 1999, show the applicant was awarded the first award of the Good Conduct Medal for the period 24 February 1994 through 23 February 1997.

7.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the second award of the Good Conduct Medal.  There also is no evidence that his chain of command took any action to disqualify him from receiving the second award of the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.

8.  A DD Form 215, issued on 5 April 2002, amended the applicant’s DD Form 214 with an effective date of 29 December 2001 to show that he served in Uzbeckistan from 9 October 2001 through 7 December 2001 in support of Operation Enduring Freedom.

9.  Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 670-1 governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch”.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214. 

11.  Authority for wear of the shoulder sleeve insignia for former wartime service for Operation Enduring Freedom was announced in Headquarters Department of the Army message with date/time group 011853Z February 2002.

CONCLUSIONS:

1.  The applicant was awarded the first award of the Good Conduct Medal for the period 24 February 1994 through 23 February 1997.  Evidence of record shows the applicant served an additional period of qualifying service (three years) for entitlement to the second award of the Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 29 December 2001 to show the second award of the Good Conduct Medal for the period 
30 December 1998 through 29 December 2001. 

2.  Evidence of record shows the applicant served in Uzbeckistan from 9 October 2001 through 7 December 2001 in support of Operation Enduring Freedom.  Therefore, in accordance with Headquarters Department of the Army message with date/time group 011853Z February 2002, the applicant is authorized to wear the shoulder sleeve insignia for wartime service for Operation Enduring Freedom. However, there are no provisions for entering the shoulder sleeve insignia for wartime service on the DD Form 214.
  
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the second award of the Good Conduct Medal for the period 30 December 1998 through 29 December 2001.

BOARD VOTE:  

RVO___   KAH____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002073021	
SUFFIX		
RECON		
DATE BOARDED	20021024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.