IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20100029480 


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 the:

* Army Good Conduct Medal
* Global War on Terrorism Expeditionary Medal
* Combat Action Badge

2.  He states that he has a right to the requested awards, but they are not annotated on his DD Form 214.  He attests that he did not pay attention to his DD Form 214 and did not realize the errors until the father of a deceased Soldier recently brought them to his attention.

3.  He provides:

* his DD Form 214
* a DA Form 2173 (Statement of Medical Examination and Duty Status)
* three DA Forms 2823 (Sworn Statement)
* a letter from his mother

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.  With respect to the Combat Action Badge, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.

3.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Avenue, Fort Knox, KY  40121-5743.  Since the applicant is no longer on active duty or in an active status, he may request this award by letter.

4.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

5.  Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean his application has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feel an error or injustice exists, he may resubmit submit his application for the CAB with evidence of the U.S. Army Human Resources Command's denial of his request.

6.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

7.  The applicant enlisted in the California Army National Guard (CAARNG)
27 July 2001.  He was trained in and awarded military occupational specialty 21B (Combat Engineer).

8.  He was ordered to active duty on 15 November 2003 in support of Operation Iraqi Freedom.  He was honorably released from active duty on 12 May 2005.  He completed 1 year, 5 months, and 28 days of creditable active service this period.  He held the rank/grade of specialist (SPC)/E-4 at the time of his release from active duty.

9.  His DD Form 214 for the period ending 12 May 2005 shows in:

	a.  Item 12f (Foreign Service) he served overseas for 11 months and 23 days;

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Bar (2nd Award)

	c.  Item 18 (Remarks) he served in Iraq from 17 March 2004 through 9 March 2005.

10.  His record is void of official orders awarding him the Army Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, time lost, or suspension of favorable personnel actions (flag) which would have precluded him from receiving the first award of the Army Good Conduct Medal.

11.  He was honorably discharged from the CAARNG on 26 July 2007 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.

12.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded this period) of his NGB Form 22E (Departments of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service) for the period ending 26 July 2007 shows the:

* Army Service Ribbon
* Army Commendation Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device

13.  He provides a DA Form 2173, dated 13 February 2005, which shows he suffered from chronic headaches with visual changes following repetitive exposure to blast trauma from mortars while serving in Balad, Iraq. 

14.  He provides three DA Forms 2823 rendered by fellow Soldiers with whom he served in Iraq.  Each statement provides a description of the conditions in which they lived, the gear that they had to carry around, and the ever-present uncertainty of danger to life that they had to endure on a daily basis.

15.  He provides a letter from his mother who describes how he changed physically, emotionally, and mentally following his deployment to Iraq.

16.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to
12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  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 OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* 
Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)
* Iraqi Sovereignty (1 January 2009 - 31 August 2010)
* New Dawn (1 September 2010 - date to be determined)

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  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.  

   e.  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 (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.

	f.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  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.
17.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that 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 also states, in pertinent part, that all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.

2.  The evidence shows he served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that it was awarded to him accordingly.  However, the evidence of record also shows he participated in two campaign phases during his service in Iraq.  Therefore, he is entitled to two bronze service stars and correction of his DD Form 214 to show these bronze service stars.

3.  The evidence shows the period for which he received the Iraq Campaign Medal was also a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal.  However, Army Regulation 600-8-22 provides no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  The applicant’s previously-awarded Iraq Campaign Medal disqualifies him from receiving the Global War on Terrorism Expeditionary Medal for the same period of service.  Therefore, there is no basis for granting this portion of his request.

4.  The evidence shows he served 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 award.

5.  The applicant served in the Army National Guard from 27 July 2001 through 26 July 2007.  During this period, he was ordered to active duty from 15 November 2003 through 12 May 2005 in support of Operation Iraqi Freedom. 

6.  Based on the 8 February 2005 message, an RC Soldier mobilized onto active duty under Title 10 is performing "active Federal military service" and is therefore eligible to be awarded the Army Good Conduct Medal.  The message states that 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 available evidence confirms he served honorably on active duty during the period 15 November 2003 through 12 May 2005.  He was fully eligible to reenlist on the date of separation and his record contains no derogatory information or evidence that shows he was denied the award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal (1st Award) for the period 15 November 2003 through 
12 May 2005 and to correct his DD Form 214 to show 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 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.  deleting from item 13 of his DD Form 214 for the period ending 12 May 2005 the Iraq Campaign Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 November 2003 through 12 May 2005; and

	c.  adding to item 13 of his DD Form 214 for the period ending 12 May 2005 the:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

2.  The Board further determined 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 Global War on Terrorism Expeditionary Medal and having it added to his DD Form 214.



      _________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)                                         AR20100029480



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ABCMR Record of Proceedings (cont)                                         AR20100029480



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