BOARD DATE:	  	25 May 2010

		DOCKET NUMBER:  AR20090020083 


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.

2.  The applicant states that his unit recently received this award.

3.  The applicant listed the word "orders" on his application; however, he did not provide any additional documentary evidence.

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 records show he enlisted in the U.S. Army Reserve (USAR) on 11 March 1999.  He subsequently entered active duty for training, completed 


basic combat and advanced individual training, and he was awarded military occupational specialty 12C (Bridge Crewmember).

3.  His records also show he was assigned to the 459th Engineer Company, Bridgewater, WV, and he was promoted to sergeant (SGT)/E-5.

4.  On 16 January 2003, he was ordered to active duty in support of Operation Enduring/Iraqi Freedom (OEF/OIF) and he subsequently served in Kuwait/Iraq from 13 February 2003 to 15 February 2004.  He was honorably released from active duty to the control of his USAR unit on 29 March 2004.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 March 2004 shows the Army Commendation Medal, Presidential Unit Citation (Navy/Marine Corps), Army Reserve Components Achievement Medal, National Defense Service Medal, Armed Forces Reserve Medal with "M" [Mobilization] Device, and the Army Service Ribbon.

6.  His records do not contain orders awarding him the Army Good Conduct Medal.  Additionally, his records do not contain derogatory information in the form of nonjudicial punishment (NJP), suspension of favorable personnel action, or a record of court-martial or time lost that would have disqualified him from receiving the Army Good Conduct Medal.

7.  All Army Activities Message 134, dated 8 February 2005, provided clarification on award of the Army Good Conduct Medal to Reserve Components (RC) Soldiers mobilized to active duty in support of the Global War on Terrorism operations.  It states, in accordance with paragraph 4-1 of Army Regulation
600-8-22 (Military Awards), the Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in "active Federal military service."  RC Soldiers mobilized into active duty under Title 10, U.S. Code, are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  This award is authorized, for the first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.

8.  Review of the applicant’s records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Global War on Terrorism Service Medal 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 (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including RC Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. 

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, 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.  Approved campaigns are:

* 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)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)
* Iraqi Sovereignty (1 January 2009 - date to be determined)

	d.  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.

10.  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 or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by 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 award of the Army Good Conduct Medal.

2.  The evidence of record confirms that the applicant served honorably during the period 16 January 2003 through 29 March 2004.  He attained the rank/grade of SGT/E-5 and he completed a combat tour in Kuwait/Iraq.  Furthermore, his record is void of any derogatory information in the form of NJP, lost time, or a court-martial.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant Army Good Conduct Medal (first award) for the period 16 January 2003 to 29 March 2004 and correct his records to show this award.

3.  The applicant served on active duty during a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal and correction of his records to show this award.

4.  The evidence of record shows he served in Kuwait/Iraq from 13 February 2003 to 15 February 2004:

	a.  Since the official beginning date of OIF was 19 March 2003, it is reasonable to presume he was in Kuwait from 13 February 2003 to on or about 19 March 2003.  It appears he served a qualifying period for award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to award of the Global War on Terrorism Expeditionary Medal and correction of his records to show this award.



	b.  It is also reasonable to presume he served in Iraq from on or about 19 March 2003 to on or about 15 February 2004.  As such, he served a qualifying period for award of the Iraq Campaign Medal and is entitled to correction of his records to show this award.  Additionally, he participated in the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, he is entitled to two bronze service stars for wear on the Iraq Campaign Medal.

5.  The evidence shows he completed 1 year of continuous foreign/overseas service in Kuwait/Iraq from 13 February 2003 to 15 February 2004.  This period of service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 January 2003 through 29 March 2004; and 

	b.  adding to item 13 of his DD Form 214 for the period ending 29 March 2004 the Army Good Conduct Medal (1st Award), Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal with two bronze service stars, and the Overseas Service Ribbon.


      __________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)                                         AR20090020083



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020083


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1