IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110019069 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 August 2005 to show the:

* Army Good Conduct Medal
* Overseas Service Ribbon
* Any additional awards 

2.  The applicant states he believes his record to be in error because he was overseas for 1 year and he was able to complete his deployment.

3.  The applicant provides:

* His DD Form 214 for the period ending 26 August 2005
* His DD Form 214 for the period ending 20 April 2001
* A letter from the National Personnel Records Center (NPRC)
* His National Guard Bureau (NGB) Form 23 (Army National Guard (ARNG) Retirement Points History Statement), prepared on 7 September 2010

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 ARNG on 8 September 1999.  He entered active duty for training (ADT) on 3 January 2001.  He completed training for military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from ADT on 20 April 2001 and he was transferred to The Adjutant General, New York, Division of Military and Naval Affairs.

3.  His DD Form 214 for this period of service shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

4.  On 1 October 2001, he was ordered to active duty and he subsequently served in Kuwait/Iraq with the 2nd Battalion, 108th Infantry, from 26 February 2004 to 31 December 2004.  He was honorably released from active duty on
26 August 2005.  

5.  His DD Form 214 for this period of service shows in item 13 the:

* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global war on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Combat Infantryman Badge

6.  Permanent Orders 104-015, issued by the Multi-National Force - Iraq on 14 April 2005, awarded Task Force 2nd Battalion, 108th Infantry, the Valorous Unit Award, for meritorious service from 15 February 2004 to 26 December 2004.

7.  His records also do not contain official orders awarding him the Army Good Conduct Medal.  There is also no record of any derogatory information or actions that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

8.  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 Overseas Service Ribbon is awarded for successful completion of overseas tours.  A U.S. Army Human Resources Command (USAHRC) 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."

9.  By message, dated 8 February 2005, the Military Awards Branch, USAHRC, 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).

10.  Army Regulation 635-5 (Personnel Separations - 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded his unit in Iraq the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  He completed 10 months and 5 days of foreign service in Kuwait/Iraq, which qualifies him for entitlement to the Overseas Service Ribbon.  Therefore, his
DD Form 214 should be corrected to show this award.

3.  The available evidence confirms he served honorably on active duty during the period 1 October 2003 through 26 August 2005.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  His DD Form 214 for the period ending 20 April 2001 contains marksmanship qualification badges which are not shown on his DD Form 214 for the period ending 26 August 2005.  Therefore, his DD Form 214 for the period ending
26 August 2005 should be corrected to show these marksmanship badges.

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
1 October 2003 through 26 August 2005, and

	b.  adding to item 13 of his DD Form 214 for the period ending 26 August 2005 the:

* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Valorous Unit Award
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar



      _______ _ 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)                                         AR20110019069



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ABCMR Record of Proceedings (cont)                                         AR20110019069



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