IN THE CASE OF: BOARD DATE: 3 December 2009 DOCKET NUMBER: AR20090009406 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, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Iraq Campaign Medal with two bronze service stars, and the Army Achievement Medal (AAM). 2. The applicant states that he did not receive any awards for his service in Iraq. He also contends that he has orders for the AAM. 3. The applicant provides a copy of his DD Form 214; information pertaining to the 4th Infantry Division; excepts on the GWOTEM, the Iraq Campaign Medal, and the Army Good Conduct Medal; and orders for the AAM in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 21 March 2001 and he trained as an M1 Abrams tank system maintainer. On 20 March 2004, he was released from active duty in the rank of specialist after completing 3 years of creditable active service with no lost time. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. The applicant's DD Form 214 shows the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon as authorized awards. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 20 March 2003 to 7 December 2003. 4. There are no orders for the Army Good Conduct Medal in the available records. However, there is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. There is also no record of any disciplinary actions. 5. Records at the Defense Finance and Accounting Service show the applicant served in a combat zone receiving hostile fire pay during the period 7 April 2003 to 3 December 2003 in Kuwait. 6. Headquarters, 1st Battalion, 66th Armor Permanent Orders Number 268-05, dated 26 September 2002, show the applicant received the AAM. 7. The applicant's service personnel records contain an undated award certificate which shows that Headquarters, 1st Brigade, 4th Infantry Division Orders Number 156-452 awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement in Operation Iraqi Freedom during the period 6 April 2003 to 1 May 2003. 8. On 27 October 2009, the applicant was notified by separate correspondence that he was eligible for either the GWOTEM or the Iraq Campaign Medal for qualifying service in recognition for his service in Iraq. He responded and requested that he be awarded the Iraq Campaign Medal for his service in Iraq. 9. Army Regulation 600-8-22 (Military Awards) provides that 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. 10. Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for wear on the Iraq Campaign Medal for the following campaigns: Liberation of Iraq, 19 March 2003-1 May 2003; Transition of Iraq, 2 May 2003-28 June 2004; Iraqi Governance, 29 June 2004-15 December 2005; and National Resolution, 16 December 2005-date to be determined. 11. Army Regulation 600-8-22 states that 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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant was released from active duty in the rank of specialist after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 21 March 2001 through 20 March 2004. 2. Based on the applicant's service in Kuwait/Iraq, he is eligible for award of the Iraq Campaign Medal with two bronze service stars. 3. Orders show the applicant received the AAM and the ARCOM. Therefore, his DD Form 214 should be corrected to show these medals. 4. The applicant served a period of qualifying service for award of the GWOTSM. 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 first award of the Army Good Conduct Medal for the period 21 March 2001 through 20 March 2004; and b. adding the Army Good Conduct Medal, the Iraq Campaign Medal with two bronze service stars, the AAM, the ARCOM, and the GWOTSM to his DD Form 214. _______ _ _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) AR20090009406 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090009406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1