IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110014617
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 Reserve Components Achievement Medal (ARCAM) and the Overseas Service Ribbon (OSR) for his active duty service in Iraq.
2. The applicant states he was recalled to active duty for wartime service from 13 July 2004 to 11 August 2005; and therefore, believes he is authorized award of the ARCAM and OSR.
3. The applicant provides a copy of his DD Form 214 ending on 11 August 2005.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 reports that he was ordered to active duty in support of Operation Iraqi Freedom. He commenced active duty on 13 July 2004 and was released from active duty and transferred to his Reserve unit effective
11 August 2005. He completed 1 year and 29 days of creditable active duty service during this period.
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists:
* Army Commendation Medal with 1st Oak Leaf Cluster
* Joint Service Achievement Medal
* Army Achievement Medal
* Air Force Achievement Medal
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Air Force Outstanding Unit Award (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
* Army Service Ribbon
* Air Force Longevity Service Award Ribbon
* Air Force Training Ribbon
* Air Reserve Forces Meritorious Service Medal (2nd Award)
* United Nations Medal
* Kuwait Liberation Medal [SA]
* Kuwait Liberation Medal [K]
* Combat Action Badge
* Marksman Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars
* Driver and Mechanic Badge with Driver-W Bar
b. Item 18 (Remarks) reports the applicant served in Iraq from 6 July 2004 to 7 September 2005 (9 months and 27 days).
3. Army Regulation 600-8-22 (Military Awards):
a. 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 (AGCM). 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).
b. 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).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the ARCAM and the Overseas Service Ribbon (OSR) for his active duty service in the Iraq.
2. The available evidence clearly shows that the applicant served in Iraq for a period of 9 months and 27 days. Therefore, his overseas service qualifies him for the Overseas Service Ribbon and it should be added to his DD Form 214.
3. The governing regulation clearly denies award of the ARCAM for periods of active duty service. Therefore, this portion of the applicant's request should be denied.
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 adding the Overseas Service Ribbon to his DD Form 214.
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.
_______ _ __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) AR20110014617
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ABCMR Record of Proceedings (cont) AR20110014617
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