IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110019072 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and Global War on Terrorism medals.

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

3.  He provides a copy of his DD Form 214.

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's military record show he enlisted in the Regular Army, in pay grade E-2, on 8 April 2008, for 3 years and 22 weeks.  He completed training and he was awarded military occupational specialty 92F (Petroleum Supply Specialist).

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows a Flag (Suspension of Favorable Personnel Action) was initiated against him on 2 November 2010 and code AA (adverse action).  Section III (Service Data) of this ERB notes that he was not eligible for reenlistment and cited code "9X" as the reason for disqualification.  His Army Good Conduct Medal eligibility date is noted as 7 April 2011.

4.  He was honorably released from active duty in pay grade E-4 on 11 September 2011, for completion of required active service, and was transferred to a Reserve unit.  He was credited with completing 3 years, 5 months, and 4 days of net active service and no time lost.  

5.  Item 12f of his DD Form 214 shows zero credit for foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form lists the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Afghanistan Campaign Medal with two bronze service stars
* Army Service Ribbon
* North Atlantic Treaty Organization Medal

6.  Item 18 (Remarks) of his DD Form 214 contains the entry, "Service in Afghanistan 20100101-20101115."  

7.  Item 27 (Reentry Code) the entry "3" indicating he completed his term of active service and was separated with a waivable disqualification to reenter the U.S. Army.

8.  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.  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.

9.  Army Regulation 601-280 establishes the requirements for eligibility for the reenlistment of Army Soldiers.  It states that individuals with an RE Code of 3 can normally reenlist in the Army or another service, but will probably required a waiver to be processed.

10.  A review of Immediate Reenlistment Prohibition (ERUP) codes indicates that code "9X" applies to "Other Disqualification-Not Otherwise Identified."  There are several other disqualification codes ranging from "9A" to "9Z."  In each instances the "9" codes applies to a specific reenlistment disqualifier, such as, being in a nonpromotable status, field and Department of the Army level bars to reenlistment, exceeding the allowable retention control point for a particular grade, exceeding the maximum age, lack of a required education level, not meeting citizenship criteria, being overweight, refusing to meet length of service requirements, etc.  

11.  Army Regulation 600-8-2 (Flags) prescribes policies governing flags.  Table 3-1 of this regulation lists the codes and reasons of flag transactions.

12.  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 for:

* Item 12 (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; each entry will be verified by the Soldier's records
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"

13.  Army Regulation 600-8-22 also states:

	a.  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.

	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 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was deployed in Afghanistan from 10 January 2010 through 15 November 2011, a period of 10 months and 6 days.  Therefore, Item 12f of his 2011 DD Form 214 should be corrected to show he served 10 months and 6 days of foreign service.  

2.  Records confirm he served during a qualifying period of service in Afghanistan for award of the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of records shows he was awarded the Afghanistan Campaign Medal with two bronze service stars.  This award is listed on his DD Form 214.  Based on regulatory guidance, no service member will be entitled to both the Global War on Terrorism Expeditionary Medal and Afghanistan Campaign Medal for the same act, achievement, or period of service.  Since he received the Afghanistan Campaign Medal , he is not entitled to award of the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214.

4.  There is evidence of disciplinary action initiated against him on 2 November 2010.  An entry on his ERB notes that he was not eligible for reenlistment and cited code "9X" as the reason for disqualification.  His ERB is also noted that he was eligible for award of the Army Good Conduct Medal.  It appears a commander's disqualification precluded him from being awarded the first award of the Army Good Conduct Medal.  It also appears the disqualification was not overcome prior to his release from active duty.  He was assigned RE Code 3 which is a waivable disqualification to reenter the Army.  Without evidence to the contrary, he is not entitled to award of Army Good Conduct Medal (1st Award) for the period 8 April 2008 through 7 April 2011 and its addition to his DD Form 214.

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.  deleting from item 12f of the applicant's DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  10  06" and

	b.  adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal.

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 awarding him the Army Good Conduct Medal (1st Award) and Global War on Terrorism Expeditionary Medal and their addition 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)                                         AR20110019072



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ABCMR Record of Proceedings (cont)                                         AR20110019072


   
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