IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011709
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all awards and decorations to which he may be entitled.
2. The applicant states that he believes he is entitled to more awards than are shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 24 July 2003 and trained as a combat engineer. On 19 October 2004, he was honorably discharged in the rank of private first class under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for a physical condition (not a disability) after completing 1 year, 2 months, and 26 days of creditable active service with no time lost.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon as authorized awards. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 23 December 2003 to 1 April 2004.
4. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary actions or that the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.
5. Army Regulation 600-8-22 (Military Awards) 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 20031 May 2003; Transition of Iraq, 2 May 200328 June 2004; Iraqi Governance, 29 June 200415 December 2005; and National Resolution, 16 December 2005date to be determined.
6. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Iraq, he is eligible for award of the Iraq Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this medal.
2. The applicant was separated in the rank of private first class with almost 15 months of creditable active service with no time lost. Therefore, it appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 24 July 2003 through 19 October 2004 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his DD Form 214 should be corrected to show this medal.
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 24 July 2003 through 19 October 2004 and
b. adding the Army Good Conduct Medal and the Iraq Campaign Medal with one bronze service star 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) AR20090011709
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ABCMR Record of Proceedings (cont) AR20090011709
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