BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100027624 


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 Overseas Service Ribbon (OSR) and two awards of the Army Good Conduct Medal. 

2.  The applicant states according to Army Regulation 600-8-22 (Military Awards):

* Army Reserve personnel are eligible to receive the Army Good Conduct Medal for serving on extended periods of active duty under Titles 10 and 32 (chapter 4, paragraph 4-2(b))
* Active Guard Reserve (AGR) personnel are eligible to receive the Army Good Conduct Medal for service of 3 or more years (chapter 4, paragraph 4-2(b))
* Army Reserve personnel are eligible to receive the Overseas Service Ribbon for completion of overseas tours in an Active Reserve status (chapter 5, paragraph 5-4(b))

3.  He contends he was not awarded the Army Good Conduct Medal after completion of his 3-year AGR tour as a recruiter.

4.  The applicant provides:

* Two applications
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 2007
* AGR orders, dated 2 August 2004
* DD Form 214 for the period ending 22 January 2004
* Mobilization orders, dated 9 February 2003 

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.  He enlisted in the U.S. Army Reserve on 6 June 2001 for a period of 8 years.  He was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom.  He served in Southwest Asia from 28 March 2003 to 
13 December 2003.  On 22 January 2004, he was released from active duty.

3.  His DD Form 214 for the period ending 22 January 2004 does not show the OSR or Army Good Conduct Medal as authorized awards. 

4.  Orders, dated 2 August 2004, show he (a specialist at the time) was ordered to active duty in an AGR status for a period of 3 years.  He was promoted to staff sergeant on 1 February 2007.  On 1 August 2007, he was released from active duty.

5.  His DD Form 214 for the period ending 1 August 2007 does not show the OSR or Army Good Conduct Medal as authorized awards.  

6.  There are no orders for the Army Good Conduct Medal in the available records. 

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  

8.  He reenlisted in the USAR on 11 June 2007 for a period of 6 years. 

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 but is more is more than 1 year.
Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

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 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.    

11.  Army Regulation 600-8-22 states the OSR 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.  

12.  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 cumulative 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).

13.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.






DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he served in Southwest Asia from 28 March 2003 to 
13 December 2003.  Since he did not serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan, there is no basis for granting his request for the OSR.  

2.  Evidence shows he served on active duty from 10 February 2003 to 
22 January 2004, a total of 11 months and 13 days.  Since he did not serve 
1 year, it appears he did not meet the eligibility criteria for the first award of the Army Good Conduct Medal for this period of active service.   

3.  He was released from active duty on 1 August 2007 in the rank of staff sergeant with 3 years of creditable active service with no time lost.  There is no evidence of disciplinary action or a commander's disqualification.  Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 
3 years from 2 August 2004 through 1 August 2007.  His DD Form 214 for the period ending 1 August 2007 should be corrected to show one award of the Army Good Conduct Medal.  

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 August 2004 through 1 August 2007; and

	b.  adding the Army Good Conduct Medal (1st Award) to his DD Form 214 for the period ending 1 August 2007.   
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 OSR and a second award of the 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)                                         AR20100027624



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ABCMR Record of Proceedings (cont)                                         AR20100027624



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