BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100015766


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) for the period 11 August 2004 through 14 July 2005 to show the:

* Bronze Star Medal
* Combat Action Badge
* Army Reserve Components Achievement Medal
* Army Superior Unit Award (2nd Award)
* Combat Lifesaver Course

2.  The applicant states his DD Form 214 does not reflect these items because he was released before documentation was received.

3.  The applicant provides:

* Bronze Star Medal Certificate with Orders 135-07, 3rd Infantry Division, dated 15 May 2005
* Permanent Orders C026-12, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, dated 26 January 2006
* memorandum for record (MFR), Headquarters and Headquarters Company, 10th Psychological Operations Battalion, St. Louis, MO, dated 15 September 2005, subject:  Award of Army Reserve Components Achievement Medal
* MFR, 10th Psychological Operations Battalion, dated 23 May 2006, subject:  Army Superior Unit Award
* Certificate of Training, Combat Lifesavers Course, 20-22 August 2004

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 is a U.S. Army Reserve staff sergeant.  During the period 11 August 2004 to 14 July 2005, he served on active duty in support of Operation Iraqi Freedom.  He served in Iraq from 11 September 2004 through 17 June 2005.

3.  Orders 135-07, 3rd Infantry Division, dated 15 May 2005, awarded the applicant the Bronze Star Medal for meritorious service from 11 September 2004 to 22 May 2005.

4.  Permanent Orders C026-12, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, NC, dated 26 January 2006, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 25 September 2004.

5.  Headquarters and Headquarters Company, 10th Psychological Operations Battalion, St. Louis, MO, awarded the applicant the Army Reserve Components Achievement Medal by MFR, dated 15 September 2005.

6.  Headquarters, 10th Psychological Operations Battalion, authorized the applicant to wear the Army Superior Unit Award by MFR, dated 23 May 2006.  The award was for assignment to the U.S. Army Civil Affairs and Psychological Operations Command (Airborne) during the period 15 September 2004 to 15 September 2005.  The Military Awards Branch, U.S. Army Human Resources Command, Fort Knox, KY, lists this award as "approved – Department of the Army general orders pending."

7.  The applicant's records show he successfully completed Combat Lifesaver Training from 20-22 August 2004.

8.  The applicant's DD Form 214 for the period ending 14 July 2005 already lists the Army Superior Unit Award as an authorized award in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).

9.  The applicant's DD Form 214 for the period ending 14 July 2005 shows award of the Iraq Campaign Medal.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized for wear with this medal for participation in each credited campaign.

	a.  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)

	b.  The applicant served during the Iraqi Governance campaign and is entitled to one bronze service star for wear on his already-awarded Iraq Campaign Medal.

10.  Army Regulation 600-8-22 states 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.  Individuals 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 was 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 an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

11.  The U.S. Army Human Resources Command Military Awards Branch provided clarification for award of the Army Good Conduct Medal by message, dated 8 February 2005.  It stated 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 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 ends the first day the mobilized Reserve Component 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.  The period of service for the Army Reserve Components Achievement Medal begins the day after the Reserve Component Soldier is released from active duty.  Therefore, the Reserve Component Soldier's qualifying period of service for the Army Reserve Components Achievement Medal begins over from day 1 once the Soldier is released from active duty.  Any time prior to mobilization is lost and cannot count toward award of the Army Reserve Components Achievement Medal.

12.  Army Regulation 600-8-22 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 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.

13.  The applicant's DD Form 214 shows he was awarded three Army Good Conduct Medals.  His records contain a DD Form 214 for the period 11 August 1992 through 20 July 2002.  That document shows award of three Army Good Conduct Medals.  It also shows he completed the "Combat Lifesaver Training Course, 1 week, 1994."

14.  Army Regulation 635-5 (Separation Documents) states formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be shown in block 14 (Military Education).  Include title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests corrections to his DD Form 214.

2.  The applicant provided documentation showing entitlement to some of the requested corrections; however, there are discrepancies with these documents as pertains to the Army Reserve Components Achievement Medal and Combat Lifesaver Training.

3.  The period of service identified in the 15 September 2005 MFR awarding the Army Reserve Components Achievement Medal is 21 July 2002 through 20 July 2005.  The applicant entered active duty on 11 August 2004.  By regulation this ended the applicant's 3-year period of qualifying service for the Army Reserve Components Achievement Medal.  His qualifying period started anew on 15 July 2005, the day after his release from active duty.  He is therefore not authorized to have the Army Reserve Components Achievement Medal added to his DD Form 214.

4.  The applicant attended the 1-week Combat Lifesaver Training Course in 1994.  This course is shown on his DD Form 214 for the period ending 20 July 2002.  The course he attended in August 2004 appears to have been a 2-day refresher course.  By regulation, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be shown in block 14 of the DD Form 214.  Therefore, he is not entitled to have this course listed on his DD Form 214 for the period ending 14 July 2005.

5.  The applicant's DD Form 214 for the period ending 14 July 2005 already shows the Army Superior Unit Award as an authorized award.  The entitlement MFR from 10th Psychological Operations Battalion is dated 23 May 2006.  This establishes that the applicant is entitled to a second award of the Army Superior Unit Award, as the one already shown in July 2005 could not be the May 2006 award.

6.  The evidence provided is sufficient to correct the applicant's records to show award of the Bronze Star Medal, Combat Action Badge, and one bronze service star for his already-awarded 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 the evidence presented is 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 adding to block 13 of his DD Form 214 the Bronze Star Medal, Combat Action Badge, Army Superior Unit Award (2nd Award), and one bronze service star for wear on his Iraq Campaign Medal.

2.  The Board further determined 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 the Army Reserve Components Achievement Medal and the Combat Lifesaver Training certificate.



      ___________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)                                         AR20100015766



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ABCMR Record of Proceedings (cont)                                         AR20100015766



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