DOCKET NUMBER:  AR20090003328 


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) as follows:

	a.  correction of item 11 (Primary Specialty) to add military occupational specialty (MOS) 88M (Motor Transport Operator) 3 years and 4 months and MOS 11B (Infantryman) 3 years and 4 months; 

	b.  addition of awards of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Navy Meritorious Unit Commendation, the Marine Corps Reserve Medal, the Army Reserve Components Achievement Medal, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars; and 

	c.  correction of item 14 (Military Education) to add completion of the 3-week  Counterintelligence/Human Intelligence Management Systems Operator Course in 2003.

2.  The applicant states that the supporting documentation was not available during his demobilization.

3.  The applicant provides a copy of his DD Form 214, dated 20 April 2004; a copy of a memorandum, dated 12 February 2004, titled:  Results of Weapons Qualification; a copy of a certificate and a DA Form 638 (Recommendation for Award), dated 7 March 2004, showing award of the Army Commendation Medal; a copy of a certificate and Permanent Orders Number 063-01, dated 3 March 2008, showing award of the Purple Heart; a copy of a memorandum for record, dated 27 April 2004, showing entitlement to awards of the Global War on Terrorism Service and Expeditionary Medal; a copy of his NAVMC Form 118 (Combat History-Expeditions-Awards Record); and a copy of a certificate, dated 5 March 2003, showing completion of the Counterintelligence/Human Intelligence Management Systems Operator Course in support of his request.

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.  With prior enlisted service in the U.S. Marine Corps, the applicant’s records show he enlisted in the Georgia Army National Guard (GAARNG) in the rank of specialist/E-4 for a period of 3 years on 20 December 2000.  He subsequently attended Phase I of the Counterintelligence Agent course from 17 November 2001 to 9 June 2002 and, although he was withdrawn from the course, he later completed portions of this course through correspondence and was awarded MOS 97B on 14 July 2002.  He was also promoted to sergeant (SGT)/E-5 on 7 February 2003 and executed a 3-year extension in the GAARNG on 7 December 2003.  

3.  On 7 February 2003, the applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom and subsequently served in Kuwait and Afghanistan from 25 March 2003 to 16 March 2004.  He was honorably released from active duty to the control of his ARNG unit on 20 April 2004.

4.  Item 11 of the DD Form 214 he was issued shows the entry "97B Counterintelligence Agent, 1 year and 9 months";

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal (2nd Award), the Global War on Terrorism Expeditionary Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, the Army Lapel Button, and the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  Item 14 of his DD Form 214 does not show completion of any formal education.

7.  Headquarters, Dwight Eisenhower Army Medical Center, Fort Gordon, GA, Permanent Orders Number 063-01, dated 3 March 2008, show the applicant was awarded the Purple Heart for wounds received in action on 26 September 2003.

8.  Headquarters, Combined Joint Task Force (CJTF)-180 Base Operations Permanent Orders Number 04-067-06, dated 7 March 2004, show the applicant was awarded the Army Commendation Medal for meritorious service in support of Operations Enduring/Iraqi Freedom from 25 March 2003 to 24 March 2004.

9.  Company A, 221st Military Intelligence Battalion, Bagram, Afghanistan, memorandum for record, dated 12 February 2004, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (M-9), Rifle Bar (M-16), and Grenade Launcher Bar (M203).

10.  Company A, 221st Military Intelligence Battalion, Fort Gillem, GA, memorandum for record, dated 27 April 2004, shows the applicant was awarded the Global War on Terrorism Service Medal.

11.  NAVMC Form 118, dated on various dates in 1991 and 1992, shows the applicant was awarded the Navy Meritorious Unit Commendation on 7 August 1992 and the Marine Corps Reserve Medal on 16 May 1992.

12.  The applicant submitted a copy of a certificate of training that shows he completed the 3-week Counterintelligence/Human Intelligence Management Systems Operators Course at Fort Stewart, GA, on 5 March 2003.

13.  There is no indication in the applicant’s records that he completed formal training for and/or was issued permanent orders awarding him MOS 88M or MOS 11B.

14.  The applicant’s records do not include a recommendation for and/or orders awarding him the Army Reserve Components Achievement Medal.

15.  A review of the applicant's record indicates his entitlement to additional awards that are not shown on his DD Form 214.

16.  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.

17.  By message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command provided clarification for award of the Army Good Conduct Medal.  It stated that Reserve Component (RC) 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 qualifying periods of service must be continuous enlisted active Federal service.  The period of services for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is released from active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day 1 once the Soldier is no longer on active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

18.  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.   An individual must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

19.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve 

in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

20.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his specialties, awards, and schooling.

2.  Permanent orders awarded the applicant the Purple Heart for wounds received in action on 26 September 2003 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service in support of Operations Enduring/Iraqi Freedom which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant’s records show he served on active duty from 7 February 2003 to 20 April 2004; therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award.

5.  The memorandum for record, dated 12 February 2004, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Launcher (M203) Bars which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.
6.  The available evidence shows the applicant's 11 months and 22 days of continuous foreign/overseas service in Kuwait/Afghanistan Iraq is sufficient to qualify for award of the Overseas Service Ribbon.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show this award.

7.  NAVMC Form 118, dated on various dates in 1991 and 1992, shows the applicant was awarded the Navy Meritorious Unit Commendation and the Marine Corps Reserve Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

8.  With respect to award of the Army Reserve Components Achievement Medal, the applicant enlisted in the ARNG on 20 December 2000.  He would have completed the 3 years of service required for award of this medal on 19 December 2003.  However, he was mobilized and entered active duty on 7 February 2003.  His period of eligibility for this award ended on 6 February 2003 and did not restart (as a new qualifying period) until 21 April 2004, the day following his release from active duty.  Therefore, he does not meet the eligibility criteria for award of the Army Reserve Components Achievement Medal.

9.  The evidence of record shows that the applicant was ordered to active duty in support of Operation Enduring/Iraqi Freedom on 7 February 2003 and he was honorably separated and transferred to the control of his ARNG unit on 20 April 2004 after completing 1 year, 2 months, and 14 days of creditable active Federal military service.  He attained the rank of SGT/E-5 and completed nearly 12 months of combat service in Kuwait/Afghanistan and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his records to show this award.

10.  The evidence of record shows the applicant successfully completed the 
3-week Counterintelligence/Human Intelligence Management Systems Operators Course at Fort Stewart, GA, on 5 March 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this formal course of training.

11.  With respect to the applicant’s 88M and 11B MOS, there is no evidence in the available record and the applicant did not provide any evidence that he completed formal training and was awarded either MOS.  Therefore, there is insufficient evidence to grant the applicant relief with respect to this issue.


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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 February 2003 through 20 April 2004;

	b.  adding the Army Good Conduct Medal (1st Award), the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Launcher (M203) Bars, the Overseas Service Ribbon, the Navy Meritorious Unit Commendation, and the Marine Corps Reserve Medal to item 14 of his DD Form 214; and

	c.  adding the 3-week Counterintelligence/Human Intelligence Management Systems Operators Course, 2003, to item 14 of his DD Form 214.

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 MOS 11B and 88M and award of the Army Reserve Components Achievement 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)                                         AR20090003328



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ABCMR Record of Proceedings (cont)                                         AR20090003328



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