IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100020179
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 (AGCM) for the period 20 October 2004 to 12 January 2006.
2. The applicant states that according to Army regulations, he is entitled to the AGCM.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 January 2006 and active duty orders, dated 5 December 2009.
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 applicants 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 applicants 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 U.S. Army Reserve (USAR) Soldier, was ordered to active duty on 20 October 2004 in support of Operation Iraqi Freedom. He served in Kuwait and Iraq. He was honorably released from active duty on 12 January 2006.
3. The DD Form 214 he was issued at the time does not list the AGCM. However, it does list the Army Reserve Components Achievement Medal (ARCAM) (2d Award).
4. The applicant's DA Form 2-1 (Personnel Qualification Record) only shows the applicant being awarded the National Defense Service Medal. His Official Military Personnel File (OMPF) and his interactive Personnel Electronic Records Management System (iPERMS) record do not contain orders for his ARCAMs.
5. Army Regulation 600-8-22 (Military Awards), in effect in January 2006, paragraph 4-2, Personnel eligible, states that the following individuals are eligible for the AGCM:
a. Active Component enlisted Soldiers.
b. Active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty (other than for training) under Title 10, U.S. Code are eligible for award of the AGCM for, qualifying service beginning on or after
1 September 1982, provided no period of the service has been duplicated by the same period of service for which the soldier has been awarded the Army Reserve Components Achievement Medal (ARCAM).
c. Retroactively to eligible Army of the United States (AUS) enlisted personnel.
d. Other Army enlisted personnel as may be directed by the Secretary of the Army.
6. By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command (HRC), 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 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).
DISCUSSION AND CONCLUSIONS:
1. The HRC message authorized the AGCM for Reservists who were mobilized onto active duty under Title 10. As such, the applicant would be eligible for the AGCM if he hasn't been awarded the ARCAM for the same period of time.
2. The applicant's DD Form 214 for this period of service shows he had been awarded two ARCAMs; however, both his DA Form 2-1 and his OMPF are silent as to whether the time he served on active duty coincided with the time covered in awarding him his ARCAMs.
3. Without evidence to show the applicant's active duty was not used in establishing his entitlement to an ARCAM, there is insufficient basis for granting the applicant's request.
4. Should the applicant be able to provide a copy of his ARCAM orders or verification of the inclusive dates for his ARCAM awards by his unit personnel officer, he can reapply to this Board for consideration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100020179
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020179
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