IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005692 


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 the:

* Meritorious Service Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Overseas Service Ribbon

2.  The applicant states his DD Form 214 omitted the requested awards.

3.  The applicant provides his DD Form 214, statement of service, and DA Form 638 (Recommendation for Award).

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 Georgia Army National Guard on 30 January 2003.  He entered active duty for training (ADT) on 4 January 2004.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman).  He was honorably released from ADT on 23 April 2004.

3.  He was ordered to active duty in support of Operation Iraqi Freedom on 6 December 2004 and subsequently served in Kuwait/Iraq through two campaigns from 15 May 2005 to 19 April 2006.  He was honorably released from active duty on 31 May 2006.  He completed 1 year, 5 months, and 25 days of creditable active service with no lost time, 11 months and 5 days of which was foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver "W" Device
* Iraq Campaign Medal

5.  Headquarters, 48th Infantry Brigade (Mechanized), Permanent Order Number 077-057, dated 18 March 2006, awarded him the Meritorious Service Medal for meritorious service from 16 May 2005 to 16 May 2006.

6.  The DA Form 638 that recommended him for award of the Meritorious Service Medal shows the entry "AAM [Army Achievement Medal]" in item 8 (Previous Awards); however, his records do not contain official orders awarding him the Army Achievement Medal.

7.  He submits a memorandum, Headquarters, 48th Infantry Brigade Combat Team, Iraq, dated 9 February 2006, authorizing him to wear various awards including the Army Good Conduct Medal and the Overseas Service Ribbon.

8.  His records also do not contain official orders awarding him the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  A U.S. Army Human Resources Command Military Awards Branch web page for Frequently Asked Questions, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  It states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  A clarification statement provided by the proponent states Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army awards equivalent credit for periods of change of station/tour of duty."

	d.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.


DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Meritorious Service Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He completed 11 months and 5 days of foreign service in Kuwait/Iraq.  This period of service qualified him for award of the Overseas Service Ribbon.  This award is listed in item 13 of his DD Form 214.  He did not complete a second period of overseas service and he was not credited with another overseas tour.  Therefore, he is not entitled to a second award of the Overseas Service Ribbon.

3.  He was awarded the Iraq Campaign Medal.  Additionally, he participated in two campaigns during his service in Iraq and is entitled to two bronze service stars to be affixed to the Iraq Campaign Medal.

4.  The available evidence confirms he served honorably on active duty during the period 6 December 2004 through 31 May 2006.  Headquarters, 48th Infantry Brigade Combat Team, memorandum, dated 9 February 2006, indicates he was recommended by his commander for award of the Army Good Conduct Medal and his records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

5.  There is no evidence in the available records and the applicant did not provide sufficient evidence that shows he was recommended for and/or awarded the Army Achievement Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 is 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 December 2004 through 31 May 2006; and

	b.  adding to his DD Form 214 the Meritorious Service Medal, Army Good Conduct Medal (1st Award), and Iraq Campaign Medal with two bronze service stars.

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 the Army Achievement Medal and Overseas Service Ribbon.



      ______________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)                                         AR20110005692



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ABCMR Record of Proceedings (cont)                                         AR20110005692



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