IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100024118 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, Global War on Terrorism Expeditionary Medal for his service in Afghanistan, and the Iraq Campaign Medal for his service in Iraq.

2.  The applicant states he was discharged prior to these awards being issued.

3.  The applicant provided no additional evidence.

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 was notified in separate correspondence of the procedures to follow for submitting a request to the U.S. Army Human Resources Command for award of the Combat Action Badge.  Therefore, the Combat Action Badge will not be further addressed in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army on 3 January 2002 and he held military occupational specialty 88M (Motor Transport Operator).

4.  He was honorably released from active duty on 3 June 2005 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation.  He completed 3 years, 5 months, and 1 day of active service with no lost time.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.

6.  Item 18 (Remarks) of his DD Form 214 shows, in part, the following entry:

SERVICE IN SUPPORT OF OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20020606 TO 20030121 [6 June 2002 to 21 January 2003]; OPERATION IRAQI FREEDOM (IRAQ) FROM 20030716 TO 20040410 [16 July 2003 to 10 April 2004] AND FROM 20040923 TO 20041101 [23 September 2004 to 1 November 2004]

7.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad in Operations Enduring Freedom and Iraqi Freedom on or after 11 September 2001 to a date to be determined.  Only one award of the Global War on Terrorism Expeditionary Medal may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq he participated in the following two campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Afghanistan during a qualifying period for the Global War on Terrorism Expeditionary Medal, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

2.  He served in Iraq from 16 July 2003 to 10 April 2004 and from 23 September 2004 to 1 November 2004 and participated in two campaigns.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his records to show this award.

3.  The evidence of record shows he served honorably from 3 January 2002 through 3 June 2005.  He served in Afghanistan and Iraq, received an Army Achievement Medal and Army Commendation Medal for meritorious service, and attained the rank/grade of SGT/E-5.  His record is void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and to correct his records to show this award.

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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 January 2002 through 2 January 2005; and

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Global War on Terrorism Expeditionary Medal, and Iraq Campaign Medal with two bronze service stars.



      _______ _  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)                                         AR20100024118



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ABCMR Record of Proceedings (cont)                                         AR20100024118



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