IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100020573 


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) to show award of or authorization to wear the:

* Army Reserve Components Achievement Medal (ARCAM)
* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* Driver and Mechanic Badge with "W" Clasp (for wheeled vehicles) 

2.  He states he was issued the DD Form 214 prior to the above awards and decorations being added to it.

3.  He provides:

* Permanent Orders 104-015, dated 14 April 2005
* Permanent Orders 142-897, dated 22 May 2005
* ARCAM Support Certificate, dated 5 December 2006
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

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's record shows he enlisted in the New York Army National Guard (NYARNG) on 19 June 2001.

3.  His record shows he was ordered to active duty in support of Operation Enduring Freedom with a reporting date of 1 October 2003.  He was released from active duty, on 3 February 2005, following his return from deployment and completion of his period of required active service.

4.  He provides Permanent Orders 104-015 issued by the Multi-National Force – Iraq, dated 14 April 2005.  These orders show the MUC was awarded to Task Force 2nd Battalion, 108th Infantry Regiment for exceptionally meritorious service during ground combat operations against enemy forces in Ad Dujayl, Iraq in support of the 2nd Brigade Combat Team, 1st Infantry Division during Operation Iraqi Freedom II from 15 February to 26 December 2004.

5.  He provides Permanent Orders 142-897 issued by the Office of the Adjutant General, State of New York, Latham, NY, dated 22 May 2005.  These orders show he was awarded the AGCM for exemplary conduct, efficiency, and fidelity during the period 1 October 2003 through 3 February 2005.

6.  His DD Form 214 for the period 1 October 2003 through 3 February 2005 [as amended by a DD Form 215 (Correction to DD Form 214), dated 8 May 2007] contains the following information:

	a.  Item 8a (Last Duty Assignment and Major Command) shows his last unit as Company B (Minus), 2nd Battalion, 108th Infantry Regiment, Forces Command.

	b.  Item 12f (Foreign Service) shows he served overseas 0 years, 0 months, and 0 days.




	c.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear:

* National Defense Service Medal (NDSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Armed Forces Reserve Medal (AFRM) with Mobilization (M) Device
* Army Service Ribbon (ASR)
* Combat Infantryman Badge (CIB)

	d.  Item 18 (Remarks) shows he served in the imminent danger pay area of Kuwait and Iraq from 27 February through 31 December 2004; a period of 10 months and 4 days.

7.  He provides a Headquarters, NYARNG, Latham, NY, ARCAM Support Certificate, dated 5 December 2006.  This document shows he was authorized to wear the ARCAM for exemplary behavior, efficiency, and fidelity while serving as a member of the ARNG during the period 19 June 2001 through 18 June 2004.

8.  He provides his NGB Form 22 rendered for the period 19 August 2001 through 18 August 2007.  This form shows he was credited with 6 years of ARNG service and he was honorably released and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his statutory obligation.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) shows he was awarded or authorized to wear:

* AGCM
* ARCAM
* NDSM
* GWOTEM
* GWOTSM
* AFRM with "M" Device
* ASR
* CIB
* MUC
* New York State Medal for Merit
* Driver and Mechanic Badge with "W" Clasp




9.  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 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.

10.  Army Regulation 600-8-22 states 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.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 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.

11.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the AGCM.  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 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).

12.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

13.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing)).

	b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft).

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

14.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

15.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumula-tive months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that 


information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in Item 12f of the form.

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service prior to the end of the period covered by the DD Form 214 should be entered in Item 13 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of or authorization to wear the:

* AGCM
* ARCAM
* MUC
* Driver and Mechanic Badge with "W" Clasp

2.  Permanent Orders 142-897 issued by the Office of the Adjutant General, State of New York, Latham, NY, dated 22 May 2005 awarded him the AGCM for the active duty period 1 October 2003 through 3 February 2005.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  A Headquarters, NYARNG, Latham, NY, ARCAM Support Certificate, dated 5 December 2006, authorized him to wear the ARCAM for exemplary behavior, efficiency, and fidelity while serving as a member of the ARNG during the period 19 June 2001 through 18 June 2004.  The available evidence shows this service overlaps his active duty active service and he was previously recognized with award of the AGCM.  Army policy provides that 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, he was not eligible to receive the ARCAM for the period indicated and he is not entitled to correction of his DD Form 214 to show this medal.

4.  The evidence of record confirms his unit was awarded the MUC for actions during his period of assignment.  Therefore, he is entitled to correction of his 
DD Form 214 to show this unit award.


5.  The applicant's contention that his DD Form 214 should be corrected to show the Driver and Mechanic Badge with "W" Clasp is duly noted.  Based upon the fact this badge is annotated on his NGB Form 22, his eligibility for this badge is not in question.  However, his record is void of any evidence and he has not provided any evidence showing the period of service for which he was awarded the badge.  As a result, it is not possible to determine if he was awarded the badge for service during the period covered by his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show this badge.

6.  The available evidence shows he served in the imminent danger pay area of Kuwait and Iraq from 27 February 2004 through 31 December 2004 which was a period of 10 months and 4 days.  Therefore, he is entitled to have this foreign service shown in Item 12f of his DD Form 214.

7.  The evidence shows he completed a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show this service ribbon. 

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 amending his DD Form 214 as follows:

* deleting the current entry in Item 12f and adding "0000  10  04"
* adding to Item 13 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), the Overseas Service Ribbon, and the Meritorious Unit Commendation
* providing him an appropriate document showing the above changes



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 correction of his DD Form 214 to show award of the:

* Army Reserve Components Achievement Medal
* Driver and Mechanic Badge with "W" Clasp



      _______ _   _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)                                         AR20100020573



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020573



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1