IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010939 


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 award of the Army Good Conduct Medal.

2.  The applicant states he served one year in Iraq but the Army Good Conduct Medal was not issued to him.  He also inquires if he is entitled to the Iraq Campaign Medal.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  After having had prior service in the U.S. Navy and the U.S. Army Reserve (USAR), the applicant again enlisted in the USAR on 15 April 2000.
3.  He was ordered to active duty on 5 December 2003 in support of Operation Iraqi Freedom.  He served until he was honorably discharged on 10 November 2006 by reason of disability with severance pay.

4.  His DD Form 214 for the period ending 10 November 2006 shows he served in Kuwait from 9 January 2004 to 21 December 2004.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Meritorious Unit Commendation
* National Defense Service Medal with bronze service star
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with 3 bronze service stars
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* 2 Overseas Service Bars
* Army Sea Service Ribbon
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

5.  His records contain no derogatory information or a commander disqualification which would have precluded award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states 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 normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, 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.

7.  By message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated 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 service 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 off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM 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 ARCAM).

8.  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. Army Human Resources Command Military Personnel (MILPER) Message Number 10-078, issued on 16 March 2010, provides the guidance and criteria, applicability and standards on awarding and wearing of campaign (service) stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated Iraq Campaign Medal campaign phases and inclusive periods are listed below:

* Liberation of Iraq/19 Mar 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 Jun 2004 
* Iraq Governance/29 Jun 2004 - 15 Dec 2005 
* National Resolution/16 Dec 2005 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 Jan 2009 - Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Good Conduct Medal has been carefully considered.

2.  There is no derogatory information in his records and no evidence that he was ever disqualified for award of the Army Good Conduct Medal.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period of honorable service from 5 December 2003 through 
10 November 2006.

3.  His DD Form 214 shows he was awarded the Iraq Campaign Medal.  However, based on his service in support of Operation Iraqi Freedom from

9 January to 12 December 2004, he participated in the Transition of Iraq (2 May 2003 - 28 June 2004) and Iraqi Governance (29 June 2004 - 
15 December 2005) designated campaign phases.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 to show these bronze service stars.

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.  deleting from item 13 of his DD Form 214 for the period ending
10 November 2006 the Iraq Campaign Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 December 2003 through 10 November 2006; and

	c.  adding to item 13 of his DD Form DD Form 214 for the period ending
10 November 2006 the Army Good Conduct Medal (1st Award) and the Iraq Campaign Medal with two bronze service stars.



      _______ _   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)                                         AR20100010939



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ABCMR Record of Proceedings (cont)                                         AR20100010939



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