IN THE CASE OF:	  

			BOARD DATE:	      26 May 2011

		DOCKET NUMBER:  AR20100025837 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his 13 June 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards; specifically, award of the Army Reserve Components Achievement Medal (2nd Award), Combat Action Badge, and Army Good Conduct Medal.

2.  He states item 13 of his DD Form 214 is incomplete and should reflect additional service medals.  

3.  He provides his DD Form 214 for the period ending 13 June 2004, three memoranda, a DA Form 4187 (Personnel Action), and two permanent orders awarding him the Combat Action Badge and Army Good Conduct Medal.  

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 on 10 December 1998.  He was ordered to active duty for training on 12 May 1999 and was released from active duty on 27 August 1999.  

3.  He was ordered to active duty on 11 February 2003 in support of Operation Enduring/Iraqi Freedom.  On 13 June 2004, he was honorably released from active service and assigned to the 629th Transportation Company.  

4.  His 13 June 2004 DD Form 214 shows he was awarded the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with “M” Device (4th Award), Army Service Ribbon, and Driver and Mechanic Badge with Driver-W Bar.  

5.  He provided two memoranda, dated 9 December 2004, from the 629th Transportation Company which announced that he was awarded the:

* Army Reserve Components Achievement Medal (1st Award) for the period 1 December 1998 through 1 December 2001
* Army Reserve Components Achievement Medal (2nd Award) for the period 1 December 2001 through 1 December 2004

6.  On 4 April 2006, the commanding officer of the 629th Transportation Company submitted a request for selected members of his unit to be awarded the Army Good Conduct Medal for service in support of Operation Iraqi Freedom for the period 20 April 2003 to 22 April 2004.  The commanding officer included a list of Soldiers who met the criteria for this award.  The portion of the list the applicant provided only included Soldiers with the last name ending in “Ja” through “Ze.”  As a result, his name is not on the list.  

7.  Permanent Order 117-7, dated 27 April 2006, shows he was awarded the Combat Action Badge for service on 10 January 2004.

8.  He provided Permanent Order 157-1, dated 6 June 2006, which shows members of the 629th Transportation Company were awarded the Army Good Conduct Medal for the period 20 April 2003 through 22 April 2004.  

9.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Achievement Medal 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 3 years of qualifying service.  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 or periods during which they are eligible for award of the Army Good Conduct Medal.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

10.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, 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 Army Reserve Components Achievement Medal 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 Army Reserve Components Achievement Medal begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the Army Reserve Components Achievement Medal 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 Army Reserve Components Achievement Medal).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty in support of Operation Enduring/Iraqi Freedom from 11 February 2003 through 13 June 2004.  The period of eligibility for award of the:

* Army Reserve Components Achievement Medal ended on 10 February 2003 and began again on 14 June 2004 
* Army Good Conduct Medal began on 11 February 2003 and ended on 13 June 2004

2.  He provided a memorandum which shows he was awarded the Army Reserve Components Achievement Medal (1st Award) for the period 1 December 1998 through 1 December 2001.  Although he did not actually enlist in the USAR until 10 December 1998, this evidence is accepted as sufficient to amend his 13 June 2004 DD Form 214 to show this award.

3.  He also provided a memorandum which shows he was awarded the Army Reserve Components Achievement Medal (2nd Award) for the period 1 December 2001 through 1 December 2004.  However, this period of service overlaps his active service (11 February 2003 through 13 June 2004).  Therefore, the 2nd Award of the Army Reserve Components Achievement Medal should not be added to his DD Form 214.  

4.  He provided Permanent Order 157-1, dated 6 June 2006, which shows members of the 629th Transportation Company were awarded the Army Good Conduct Medal for the period 20 April 2003 through 22 April 2004.  However, his service record is void of the complete list showing he was awarded the Army Good Conduct Medal.  Therefore, there is insufficient evidence on which to amend his discharge document to show this medal.  In addition, if his commander actually did recommend him for award of the Army Good Conduct Medal, the qualifying period would have been from11 February 2003 through    13 June 2004.

5.  Permanent orders show he was awarded the Combat Action Badge.  Therefore, his 13 June 2004 DD Form 214 should be amended to reflect this award.  

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 item 13 of his 13 June 2004 DD Form 214 by adding the Army Reserve Components Achievement Medal (1st Award) and Combat Action Badge.  

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 award of the Army Reserve Components Achievement Medal (2nd Award) and Army Good Conduct Medal.  



      __________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)                                         AR20100025837



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025837



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1