IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110016512 


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 Army Good Conduct Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal and/or Iraqi Campaign Medal, and any other award he may be entitled to.

2.  The applicant states he served in Iraq from 3 March to 20 August 2003.  He would like any ribbons and medals he should have had listed on his DD Form 214.  He is not exactly sure which other awards he is entitled to besides the ones listed on his DD Form 214.

3.  He provides no additional evidence.

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 Regular Army (RA) on 11 May 2000 in pay grade E-1.  He completed training and he was awarded military occupational specialty 11B (Infantryman).

3.  He was honorably released from active duty on 30 November 2003 in pay grade E-4 at the completion of his required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 6 months, and 20 days of creditable active service and no time lost.  He was also credited with 5 months and 8 days of foreign service.

4.  The DD Form 214 he was issued at the time shows in:

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

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Peruvian Parachutist Badge

* Item 18 (Remarks) the entry "Service in Operation Iraqi Freedom (Iraq) From 20030315 to 20030822"
* Item 27 (Reentry Code) the entry "1" indicating he completed his term of active service and is considered qualified to reenter the U.S. Army

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	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 Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.

	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 Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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.  During his service in Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	e.  the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.  It appears the applicant not receiving this award was an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 11 May 2000 through 10 May 2003 and to correct his DD Form 214 to show this award.

2.  Records confirm the applicant served during a qualifying period of service in Iraq for either the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal.  Pertinent regulations state that no service member will be entitled to both the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  Therefore, in view of his request for the Iraq Campaign Medal and his participation in two campaign phases, his DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.

3.  Records also confirm the applicant served during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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
11 May 2000 through 10 May 2003, and

	b.  adding to Item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars



      ____________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)                                         AR20110016512



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ABCMR Record of Proceedings (cont)                                         AR20110016512



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