IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110005981 


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) for the period ending 10 March 2005 to show award of the Combat Infantryman Badge, Parachutist Badge, shoulder sleeve insignia (SSI) for former wartime service (FWTS), 25th Infantry Division combat patch, and any other awards not listed to which he is authorized, to include consideration for award of the Army Good Conduct Medal.

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* his DD Form 214 for the period ending 10 March 2005
* Headquarters, 1st Brigade, 25th Infantry Division, Order Number 27-003 awarding the Combat Infantryman Badge
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* a 25th Infantry Division SSI-FWTS authorization memorandum
* a 25th Infantry Division combat patch authorization memorandum

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.  His military records show that after having prior active service in the Marine Corps, he enlisted in the Army National Guard (ARNG) on 13 January 2003 in the rank of specialist/E-4.

3.  He was awarded military occupational specialty 11B (infantryman) effective 13 January 2003.

4.  Headquarters, U.S. Army Infantry Center Permanent Orders 289-2945, dated 16 October 2003, awarded him the Parachutist Badge effective 24 October 2003.

5.  He entered active duty as a member of his ARNG unit on 3 January 2004 in support of Operation Iraqi Freedom.

6.  The applicant provides a 416th Civil Affairs Battalion memorandum, dated 30 May 2004, and attached list showing he was authorized to wear the 25th Infantry Division SSI-FWTS.

7.  The applicant provides a Headquarters, 1st Battalion, 24th Infantry Regiment, 1st Brigade, 25th Infantry Division, memorandum for record, dated 20 December 2004, indicating an attached list of Soldiers were authorized to wear the 25th Infantry Division combat patch.  The indicated attached list was not available for review.

8.  Headquarters, 1st Brigade, 25th Infantry Division, Order Number 27-003, dated 27 January 2005, awarded him the Combat Infantryman Badge for his service during the period 15 October 2004 to 1 January 2005.

9.  He was honorably released from active duty to the control of his ARNG unit on 10 March 2005.  He completed a total of 1 year, 2 months, and 8 days of creditable active service during this period.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the Meritorious Unit Commendation (2nd Award), Navy Unit Commendation, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Marine Corps Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Sea Service Deployment Ribbon (2nd Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

11.  His NGB Form 22 shows he was discharged from the ARNG on 8 June 2005.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  The U.S. Army Human Resources Command Military Awards Branch provided clarification for award of the Army Good Conduct Medal in a message, dated 8 February 2005.  It stated Reserve Component (RC) Soldiers mobilized to 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.

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the SSI-FWTS, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army SSI of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only SSI approved for wear by Headquarters, Department of the Army, are authorized to be worn on the right sleeve of the Army green and field uniforms to signify wartime service.  There are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Combat Infantryman Badge and Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 10 March 2005 to show these two badges.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 3 January 2004 to 10 March 2005 and add this award to his DD Form 214.

3.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS on a DD Form 214.  As such, there is no basis for adding these combat patches to his DD Form 214.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 him the Army Good Conduct Medal (1st Award) for the period 3 January 2004 to 10 March 2005; and

	b.  adding the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, and Parachutist Badge to item 13 of this DD Form 214.

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 denial of so much of the application that pertains to adding the 25th Infantry Division SSI-FWTS 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)                                         AR20110005981



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ABCMR Record of Proceedings (cont)                                         AR20110005981



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