IN THE CASE OF:	  

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080011820 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, the Good Conduct Medal, the Army Reserve Components Achievement Medal with First Oak Leaf Cluster, and the Meritorious Unit Commendation.  He further requests to have his completion of the Combat Lifesaver Course and the Mk7 Anti-Personnel Obstacle Breaching System (APOBS) Course shown on his DD Form 214.

2.  The applicant states, in effect, that although he completed the training and was awarded the aforementioned awards and decorations, they are not shown on his DD Form 214.

3.  The applicant provides copies of three permanent award orders, a course completion certificate, a certificate of training, a DA Form 2-1 (Personnel Quali-fication Record - Part II), a DD Form 214, and an NGB Form 22 (Departments of the Army and the Air Force, National Guard Bureau, Report of Separation and Record of Service) as documentary evidence in support of this 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's record shows that he enlisted in the New York Army National Guard on 5 April 1999.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 12B (Combat Engineer).  The highest rank he attained while serving was the rank of sergeant/pay grade E-5.  On 16 May 2005, the applicant was discharged and transferred to the U.S. Army Reserve Control Group (Annual Training) with an honorable characterization of service.

3.  The applicant provides a Certificate of Completion which shows he success-fully completed the 40-hour Combat Lifesaver Course presented by Company C (-) of the 342nd Forward Support Battalion located in Buffalo, New York.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 shows he completed the 1-week Combat Lifesaver Course in 2001.

4.  The applicant provides a Department of the Army Certificate of Training which shows he successfully completed the 8-hour Demolition Kit, Mk7 APOBS Course Module 1 located in Buffalo, New York.  Item 17 of the applicant's DA Form 2-1 shows he completed the 1-day APOBS course in the year 2002.

5.  Office of the Adjutant General, State of New York, Latham, New York, Orders 347-085, dated 13 December 2003, ordered the applicant to active duty in support of Operation Iraqi Freedom effective 14 December 2003 for a period of active duty not to exceed 576 days.

6.  Headquarters, 2nd Battalion, 108th Infantry, Operation Iraqi Freedom, Forward Operating Base O'Ryan, memorandum, dated 29 July 2004, shows the applicant was assigned as a team leader in the 827th Engineer Company in the deployed theater effective 29 July 2004.

7.  Multi-National Force-Iraq, Permanent Orders 104-015, dated 14 April 2005, awarded the Meritorious Unit Commendation to Task Force 2nd Battalion, 108th Infantry, for exceptionally meritorious conduct in the performance of outstanding service during Operation Iraqi Freedom from 15 February 2004 to 26 December 2004.
8.  Office of the Adjutant General, State of New York, Latham, New York, Permanent Orders 142-920, dated 22 May 2005, awarded the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 14 December 2003 through 30 January 2005.

9.  Office of the Adjutant General, State of New York, Latham, New York, Permanent Orders 154-177, dated 3 June 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 18 March 2004.

10.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 does not show award of the Combat Action Badge, the Good Conduct Medal, the Army Reserve Components Achievement Medal with First Oak Leaf Cluster, or the Meritorious Unit Commendation.

11.  The applicant's Official Military Personnel File does not contain any documentation showing award of the Army Reserve Components Achievement Medal with First Oak Leaf Cluster.

12.  The applicant's DD Form 214 shows that he was ordered to active duty in support of Operation Iraqi Freedom and served on active duty during the period 14 December 2003 through 30 January 2005.  During this period of active duty, the applicant served in Kuwait and Iraq from 26 February 2004 through 31 December 2004.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Action Badge, the Good Conduct Medal, the Army Reserve Components Achievement Medal with First Oak Leaf Cluster, or the Meritorious Unit Commendation.  Item 14 (Military Education) of this form does not show completion of the Combat Lifesaver Course or the Demolition Kit, Mk7 APOBS Course Module 1.

13.  The applicant's NGB Form 22 shows that he served as a member of the New York Army National Guard from 5 April 1999 through 16 May 2005.  Item 12 (Military Education) of this form does not show completion of the Combat Lifesaver Course or the Demolition Kit, Mk7 APOBS Course Module 1.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows award of two Army Reserve Components Achievement Medals, but it does not show award of the Combat Action Badge, the Good Conduct Medal, or the Meritorious Unit Commendation.


14.  Section III of Chapter 4 (Good Conduct Medal and Army Reserve Components Achievement Medal) of Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.  Since 28 March 1995, Soldiers completing 3 years of qualified service are eligible for Army Reserve Components Achievement Medal consideration.

15.  Section III, Chapter 4 of Army Regulation 600-8-22 also provides, in pertinent part, the period of service for the Army Good Conduct Medal begins and eligibility for the Army Reserve Components Achievement Medal ends the first day a mobilized Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized Reserve Component Soldier is on active duty.  The period of service for the Army Reserve Components Achievement Medal begins the day after the Reserve Component Soldier is off active duty.  To qualify for award of the Army Reserve Components Achievement Medal, the qualifying period of service must have been consecutive.  Therefore, the qualifying period of service begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the Army Reserve Components Achievement Medal.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-4 (Completing the DD Form 214) of this regulation provides that only formal in-service training courses completed during the period of service covered by the DD Form 214 should be entered in item 14 of the form.

17.  Chapter 8 (Enlisted Separations) of National Guard Regulation 600-200 (Enlisted Personnel), in pertinent part, provides that all military courses of 40 hours/5 days or more in duration and recorded in item 17 of the DA Form 2-1 should be entered in item 12 of the NGB Form 22.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that his DD Form 214 should be corrected to show award of the Combat Action Badge, the Good Conduct Medal, the Army Reserve Components Achievement Medal with First Oak Leaf Cluster, and the Meritorious Unit Commendation.  He also contends that his completion of the Combat Lifesaver Course and the Demolition Kit, Mk7 APOBS Course Module 1 should be annotated on his DD Form 214.

2.  Permanent Orders awarded the applicant's unit the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Meritorious Unit Commendation.

3.  Permanent Orders awarded the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity.   Therefore, he is entitled to have his DD Form 214 corrected to show award of the Good Conduct Medal.

4.  Permanent Orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 18 March 2004.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Combat Action Badge.

5.  Evidence in the available records shows the applicant was awarded the Army Reserve Components Achievement Medal for his Reserve Component service prior to being mobilized.  The applicant's period of qualifying service for award of the Army Reserve Components Achievement Medal ended the first day that he served on active duty as a mobilized Soldier.  His next qualifying period of service for award of the Army Reserve Components Achievement Medal began the day after he was released from active duty.  Although the applicant's NGB Form 22 indicates award of the Army Reserve Components Achievement Medal  with First Oak Leaf Cluster, evidence shows he was not eligible for award of the Army Reserve Components Achievement Medal during the period of service covered by his DD Form 214.  Therefore, he is not entitled to have his DD Form 214 corrected to show award of this medal.

6.  The applicant's record shows that he attended and completed the Combat Lifesaver Course and the Demolition Kit, Mk7 APOBS Course Module 1 prior to the period of active duty covered by his DD Form 214.  Therefore, item 14 of the applicant's DD Form 214 was properly constituted based upon contemporaneous information and requires no correction.  However, National Guard Regulation 600-200 provides for inclusion of his completion of the 40-hour Combat Lifesaver Course on his NGB Form 22.  The applicant should contact his former unit administrator to facilitate the correction of his NGB Form 22.

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 to show award of the Combat Action Badge, the Good Conduct Medal, and the Meritorious Unit Commendation.

2.  The Board further determined that the evidence presented is 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 correction of his DD Form 214 to show award of the Army Reserve Components Achievement Medal with First Oak Leaf Cluster or completion of the Combat Lifesaver Course and the Demolition Kit, Mk7 APOBS Course Module 1.



      ____________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)                                         AR20080011820



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ABCMR Record of Proceedings (cont)                                         AR20080011820



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