BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100017629 


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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards and decorations based on his service in Bosnia and Afghanistan.

2.  The applicant states several awards were authorized after he was separated from active duty and, as a result, they are not all recorded on his DD Forms 214.

3.  The applicant provides copies of four DD Forms 214.

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 U.S. Army Reserve (USAR) on 21 June 1994.

3.  A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 7 June 1995, honorably released from ADT on 27 September 1995, and transferred to his USAR unit.

	a.  At the time he had completed 3 months and 21 days of net active service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  The applicant was discharged from the USAR on 17 February 1997.  He enlisted in the Army National Guard (ARNG) of the United States and Massachusetts Army National Guard (MAARNG) on 18 February 1997.

5.  Headquarters, 772nd Military Police Company, MAARNG, Taunton, MA, memorandum, dated 27 November 2001, shows the applicant was awarded the Army Reserve Components Achievement Medal (ARCAM) for the period 18 February 1997 through 17 February 2000.

6.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Joint Forge on 25 August 2001, was honorably released from active duty on 13 March 2002, and was transferred to his MAARNG unit.  He completed 6 months and 19 days of net active service during this period.

	a.  Item 13 shows the Joint Service Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, and Army Service Ribbon.

	b.  Item 18 (Remarks) shows he served in Bosnia from 18 September 2001 to 12 February 2002.  It also shows the Armed Forces Reserve Medal with "M" Device and North Atlantic Treaty Organization (NATO) Medal.

7.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF) on 7 July 2002 and was honorably released from active duty on 1 April 2003.  He completed 8 months and 25 days of net active service during this period.

	a.  Item 13 shows the NATO Medal, Joint Service Achievement Medal, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar.

	b.  Item 18 shows he served in Afghanistan from 13 August 2002 to 3 March 2003.

8.  A National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged from the MAARNG on 31 October 2003.

	a.  He completed 6 years, 8 months, and 13 days of net service during this period.

	b.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) shows the Army Service Ribbon, National Defense Service Medal with one bronze service star, Joint Service Achievement Medal, Armed Forces Expeditionary Medal, NATO Medal, Armed Forces Reserve Medal with "M" Device, Global War on Terrorism Service Medal (GWOTSM), and ARCAM (1st Oak Leaf Cluster).

9.  The applicant enlisted in the USAR on 1 November 2003.

10.  A DD Form 214 shows the applicant was ordered to ADT on 11 November 2004, was honorably released from ADT on 1 March 2005, and was transferred to his USAR unit.

	a.  He completed 3 months and 21 days of net active service during this period.

	b.  Item 13 shows the Joint Service Achievement Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), GWOTSM, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, NATO Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar.

11.  There is no evidence in the applicant's military personnel records that shows he was awarded the Afghanistan Campaign Medal (ACM).

12.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm that he preferred award of the Afghanistan Campaign Medal in lieu of the GWOTEM for his service in Afghanistan in support of OEF.  In response, he indicated his preference for award of the ACM.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The ACM is authorized for award to members of the Armed Forces of the United States who served in direct support of OEF.  The area of eligibility (AOE) encompasses all land area of the country of Afghanistan and all air spaces above the land area.  The ACM period of eligibility is on or after 24 October 2001 to a date to be determined by the Secretary of Defense or the cessation of OEF.

		(1)  A bronze service star is authorized for wear with the ACM for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined)
 
		(2)  Only one award of the ACM may be authorized for any individual.  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.  Upon application, such a service member may be authorized the ACM in lieu of the GWOTEM for such service.

	b.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE's designated for award of the GWOTEM, ACM, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component (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 GWOTSM.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

	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 ARNG or USAR 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 ARCAM 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.  A bronze oak leaf cluster is awarded to denote the second and each succeeding award of the ARCAM.

	d.  The U.S. Army Human Resources Command Military Awards Branch provided clarification on award of the Army Good Conduct Medal by message, dated 8 February 2005.  It states 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 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 released from active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins anew 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 ARCAM.)

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be corrected to show all of his awards and, in particular, the ACM because it was authorized after he was separated from active duty.

2.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Afghanistan).  Records also show the applicant qualified for award of the ACM in lieu of the GWOTEM based on his service in support of OEF.

	a.  The applicant requests award of the ACM in lieu of the GWOTEM.

	b.  The applicant's records show he served in Afghanistan during the Consolidation I campaign.

	c.  Therefore, it would be appropriate to correct his records to show award of the ACM with one bronze service star in lieu of the GWOTEM on his 1 April 2003 and 1 March 2005 DD Forms 214.

3.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE (i.e., Afghanistan) during the period 7 July 2002 through 12 August 2002 and 4 March 2003 through 1 April 2003 (i.e., 60 nonconsecutive days).  However, this service medal is not recorded on his 1 April 2003 DD Form 214.  Therefore, it would be appropriate to correct the DD Form 214 to show the service medal.

4.  Records show the applicant was awarded the ARCAM for the period of service from 18 February 1997 through 17 February 2000 and the ARCAM (1st Oak Leaf Cluster) for the period of service from 18 February 2000 through 17 February 2003.

	a.  The first award of the ARCAM is not recorded on his 13 March 2002 DD Form 214.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the award.

	b.  It appears the applicant was not eligible for the second award of the ARCAM in 2003 due to his Title 10 service.  While the Board will not take away his second award of the ARCAM, no action will be taken to compound the error by adding it to his 1 April 2003 or 1 March 2005 DD Forms 214.

5.  The evidence of record shows the Army Service Ribbon was omitted from the applicant's 1 March 2005 DD Form 214.  Therefore, it would be appropriate to correct the DD Form 214 to show the service ribbon.

6.  The evidence of record shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from the applicant's 13 March 2002 DD Form 214.  Therefore, it would be appropriate to correct the DD Form 214 to show the badge.

BOARD VOTE:
___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding to item 13 of his 13 March 2002 DD Form 214 the ARCAM and Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  adding to item 13 of his 1 April 2003 DD Form 214 the ACM with one bronze service star and GWOTSM; and

	c.  deleting from item 13 of his 1 March 2005 DD Form 214 the GWOTEM and adding the ACM with one bronze service star and Army 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)                                         AR20100017629



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ABCMR Record of Proceedings (cont)                                         AR20100017629



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