IN THE CASE OF:	  

		BOARD DATE:	  	  21 January 2009

		DOCKET NUMBER:  AR20080017634 


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, that his records be corrected to show award of the Army Reserve Components Achievement Medal with 1st oak leaf cluster in place of the Army Good Conduct Medal.

2.  The applicant states, in effect, that he is not entitled to award of the Good Conduct Medal because he did not serve on active duty for 3 consecutive years. He also states, in effect, that his entire military service has been with the United States Army Reserve (USAR) with one active duty employment.

3.  The applicant provides three copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) and two copies of memorandums with the subject line "Award of the Army Reserve Components Achievement Medal" in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show enlisted in the USAR on19 October 2001 and upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 31U (Signal Support Systems Specialist).  The applicant's military service records show he is assigned to the 325th Military Intelligence Command, Fort Devens, Massachusetts, in the grade of sergeant (SGT)/pay grade E-5.

2.  Item 12a (date entered AD (Active duty) this period) of his DD Form 214, dated 4 April 2003, shows he entered active duty on 14 November 2002 for the purpose of attending the Signal Support Systems Specialist Course.  Item 12b (separation date this period) of this DD Form 214 shows he was honorably released from active duty after completing the required training and returned to the USAR to complete his remaining military service obligation on 4 April 2003.  Item 12c (net active duty this period) shows he served for a total of 4 months and 21 days on active duty.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 4 April 2003, shows he was awarded the Army Service Ribbon.  The Army Good Conduct Medal is not listed as an authorized award.

4.  Item 12a of his DD Form 214, dated 15 December 2005, shows he entered active duty on 5 August 2005 for the purpose of attending the Human Intelligence Collector Course.  Item 12b of this DD Form 214 shows he was honorably released from active duty after completing the required training and returned to the USAR to complete his remaining military service obligation on 15 December 2005.  Item 12c shows he served for a total of 4 months and 11 days on active duty.

5.  Item 13 of the applicant's DD Form 214, dated 15 December 2005, shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Global War on Terrorism Service Medal.

6.  Item 12a of his DD Form 214, dated 13 September 2007, shows he was ordered to active duty in support of Operation Iraqi Freedom on 1 May 2006.  Item 12b of this DD Form 214 shows he was honorably released from active duty and returned to the USAR to complete his remaining military service obligation on 13 September 2007.  Item 12c shows he served for a total of 1 year, 4 months, and 13 days on active duty.

7.  Item 13 of the applicant's DD Form 214, dated 13 September 2007, shows he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with "M" Device, and the Driver and Mechanic Badge with Driver-Wheeled Vehicle (s) Clasp.

8.  The applicant submitted a memorandum from Company A, 325th Military Intelligence Battalion, Devens, Massachusetts, dated 13 September 2008, which shows that he was awarded the Army Reserve Components Achievement Medal for the period 19 October 2001 through 19 October 2004.
9.  The applicant submitted a memorandum from Company A, 325th Military Intelligence Battalion, Devens, Massachusetts, dated 17 September 2008, which shows that he was awarded a second award of the Army Reserve Components Achievement Medal for the period 19 October 2004 through 19 October 2007.

10.  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 throughout a specified period of continuous enlisted active Federal military service.  For first award of the Army Good Conduct Medal the qualifying periods is, upon termination of service on or after 27 June 1950, less than 3 years but more than 1 year of continuous enlisted active Federal military service. 

11.  Army Regulation 600-8-22 provides that Reserve Component Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.
The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal ends on the first day the Reserve 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.

12.  Army Regulation 600-8-22 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.  Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  Such years of qualifying service must have been consecutive.  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.

13.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

14.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is authorized to be worn on the Iraq Campaign Medal for participation in each of the following campaigns:  the Liberation of Iraq from 19 March 2003 through 1 May 2003, the Transition of Iraq from 2 May 2003 through 28 June 2004, the Iraq Governance, from 29 June 2004 through 15 December 2005, and the National Resolution from 16 December 2005 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Army Reserve Components Achievement Medal with 1st oak leaf in place of the Army Good Conduct Medal was carefully considered.

2.  Evidence of record shows that the applicant served on active Federal military service for a period of 4 months and 11 days from 5 August 2005 through 15 December 2005.  Therefore, he was not entitled to award of the Army Good Conduct Medal for the period of active duty and item 13 of his DD Form 214, dated 15 December 2005 should be amended to deleted this award.

3.  The applicant was awarded the Army Reserve Components Achievement Medal for the period 19 October 2001 through 19 October 2004.

4.  However, the applicant was then ordered to active duty in support of Operation Iraqi Freedom in accordance with Title 10, United States Code, section 12302 for a period 1 year, 4 months, and 13 days.  Therefore, he was entitled to award of the Army Good Conduct Medal for this period of active Federal military service and no correction of his DD Form 214 dated 13 September 2007 is required.

5.  The memorandum dated 13 September 2008 shows the applicant was awarded a second award Army Reserve Components Achievement Medal for the period 19 October 2004 through 19 October 2007.  However, he was on active Federal military service from 1 June 2005 through 13 September 2007, was awarded the Army Good Conduct Medal for this period of active service, and therefore he was not eligible for award of the Army Reserve Components 

Achievement Medal during that period.  The new eligibility period for the Army Reserve Components Achievement Medal began 14 September 2007, the day after he was released from active duty.

6.  However, the applicant's DD Form 214 for the period ending 13 September 2007 should be corrected show his first award of the Army Reserve Components Achievement Medal.

7.  The evidence of record also shows the applicant participated in the National Resolution campaign while in Iraq.  Therefore, his records should be corrected to show award of one bronze service star added to his Iraq Campaign Medal.

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:

	a.  deleting the Army Good Conduct Medal from the DD Form 214, dated 15 December 2005, and 

	b.  amending the DD Form 214, dated 13 September 2007, to add award of the Army Reserve Component's Achievement Medal and to show he is authorized to wear one bronze service star to his already-awarded Iraq Campaign Medal.

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 showing award of the Army Reserve Components Achievement Medal with 1st oak leaf cluster in place of the Army Good Conduct Medal.



      ____________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)                                         AR20080017634



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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