BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100017132 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Commendation Medal (ARCOM), Army Reserve Components Achievement Medal (ARCAM), and two Army Reserve Components Overseas Training Ribbons (ARCOTR).

2.  The applicant states he was awarded the ARCOM, ARCAM, and the ARCOTR but they are not on his DD Form 214.

3.  The applicant provides copies of orders awarding the ARCOM and certificates for two ARCOTRs and an ARCAM.  

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, a New York Army National Guard (NYARNG) Soldier, was ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom for the period 10 February 2003 through 29 May 2004.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 May 2004 shows the:

* Presidential Unit Citation (Navy-Marine Corps)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

4.  Permanent Order Number 89-22, issued by the 16th Military Police Battalion, dated 29 March 2004, awarded the applicant the ARCOM for meritorious service from 21 April 2003 to 4 March 2004.

5.  An ARCOTR Support Certificate, issued by Headquarters, NYARNG, Latham, NY, dated 25 October 2006, certified that the applicant participated in overseas training in Vicenza, Italy for the period 28 May to 18 June 2005.  Therefore, he was authorized the ARCOTR for this period of service.

6.  An ARCOTR Support Certificate, issued by the same headquarters, dated
25 October 2006, certified that the applicant participated in overseas training in Vicenza, Italy for the period 27 May to 17 June 2006.  Therefore, he was authorized the ARCOTR for this period of service.

7.  An ARCAM Support Certificate, issued by the same headquarters, dated
5 December 2006, certified the applicant was authorized the ARCAM (first award) for the period 30 October 2001 through 29 October 2004.

8.  The applicant's records contain a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 June 2007. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows the:

* National Defense Service Medal
* Presidential Unit Citation (Navy-Marine Corps)
* Global War on Terrorism Expeditionary Medal
* 
Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* ARCOTR (first award)
* ARCOM
* ARCAM
* New York State Medal for Merit
* New York State Long and Faithful Service Medal

9.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

11.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It states, 

	a.  the AGCM is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond;

	b.  for the first award only, upon termination of a period of active Federal service of less than 3 years but more than 1 year, a Soldier may receive the AGCM.  Additional instructions include that the qualifying period of service must be continuous enlisted active Federal service; and 

	c.  the ARCAM 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.  Beginning 28 March 1995, the period of qualifying service for award of the ARCAM was reduced to 3 consecutive years.  A period of more than 24 hours between Reserve service is considered a break in service.  Credit toward earning the award must begin anew after a break in service.

12.  The U.S. Army Human Resources Command Military Awards Branch provided clarification for award of the AGCM by message, dated 8 February 2005.  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 AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM 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 anew 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM for the period 21 April 2003 to
4 March 2004.  Therefore, his DD Form 214 for the period ending 29 May 2004 should be corrected to show this award.

2.  The applicant's record contains no indication of any adverse incidents or a commander's disqualification for the first award of the AGCM during his period of active duty service.  Therefore, he is entitled to the first award of the AGCM for the period 10 February 2003 to 29 May 2004 and correction of his DD Form 214 to show this award.

3.  The two awards of the ARCOTR were issued for periods of overseas training (28 May to 18 June 2005 and 27 May to 17 June 2006) subsequent to the applicant's DD Form 214 for the period ending 29 May 2004.  Therefore, there is no basis for adding these ARCOTRs to his DD Form 214 for the period ending 
29 May 2004.

4.  It appears the applicant's first award of the ARCAM was erroneously awarded. His entry on active duty on 10 February 2003 terminated his ARCAM eligibility 

period and a new 3-year period did not begin until 30 May 2004, the day following his release from active duty.  Therefore, the applicant would not be eligible for the ARCAM until at the earliest 29 May 2007.  Even if the award of the ARCAM was valid, there would be no basis to add it to his DD Form 214 for the period ending 29 May 2004 since the period for the ARCAM (30 October 2001 through 29 October 2004) is beyond the ending period of his DD Form 214.

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 him the Army Good Conduct Medal (first award) for the period
10 February 2003 through 29 May 2004; and

	b.  adding to item 13 of his DD Form 214 for the period ending 29 May 2004 the Army Commendation Medal and the Army Good Conduct Medal (1st award).

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 adding to his DD Form 214 the Army Reserve Components Achievement Medal and the two awards of the Army Reserve Components Overseas Training 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)                                         AR20100017132



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ABCMR Record of Proceedings (cont)                                         AR20100017132



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