IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110021720 


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 20 March 2005 to show the:

* Army Commendation Medal
* Combat Action Badge
* Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal

2.  The applicant states:

* He was awarded the Combat Action Badge after he was released from active duty
* He believes that the Army Commendation Medal wasn't added because of communication issues between his unit and official submitting the DD Form 214

3.  The applicant provides:

* DA Form 638 (Recommendation For Award) for the Army Commendation Medal
* 2005 DD Form 214
* Combat Action Badge orders



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 records show he enlisted in the Indiana Army National Guard on 31 July 2001.  He was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 7 December 2003.  

3.  He provided a copy a DA Form 638 for award of the Army Commendation Medal for meritorious service from 22 March 2004 to 1 December 2004 awarded by Permanent Orders Number 314-21 on 9 November 2004.

4.  He was honorably released from active duty on 20 March 2005.  He was credited with completing 1 year, 3 months, and 14 of net active service and 11 months and 23 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists 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
* Army Lapel Button

6.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN OPERATION IRAQI FREEDOM FROM 20040219-20050210."

7.  Permanent Order 285-130, issued by the Department of Military Affairs, ILARNG, on 12 October 2005 awarded him the Combat Action Badge for service from 17 March 2004 through 7 February 2005.

8.  His service records do not contain any derogatory information in the form of nonjudicial punishment, lost time, a record of court-martial, or other information that would have disqualified him from receiving the Army Good Conduct Medal Likewise, his service records awarding him the Army Good Conduct Medal.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 31 December 2011.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010-31 December 2011)

	b.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reasons 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.

   c.  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.  

	d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
10.  According to the Awards Branch at the 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).

11.  By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command, 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).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Commendation Medal (1st Award) and Combat Action Badge during his period of active duty from 7 December 2003 through 30 March 2005.  Therefore, he is entitled to correction to his DD Form 214 ending 20 March 2005 to show these awards.

2.  The available evidence shows he completed a qualifying period of service for award of the Iraq Campaign Medal.  The same period of service establishing eligibility for the Iraq Campaign Medal cannot be used to justify service eligibility for the Global War on Terrorism Expeditionary Medal.  Therefore, based on his eligibility for award of the Iraq Campaign Medal and his request, he is entitled to correction to his DD Form 214 for the period ending 20 March 2005 to show the Iraqi Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  He is also entitled to award of two bronze service stars to be affixed to the Iraqi Campaign Medal to denote his campaign participation. 

3.  The available evidence shows he completed a qualifying period of service for award of the Army Good Conduct Medal (First Award) from 7 December 2003 through 20 March 2005.  There is no evidence that his commander ever disqualified him from receiving the award and there is no evidence of any misconduct which would justify denying him the award.  Therefore, his DD Form 214 ending on 20 March 2005 should be corrected to show award of the Army Good Conduct Medal (First Award).

4.  The applicant completed nearly 12 months of foreign service in Iraq.  Therefore, he served a qualifying period of service for award of the Overseas Service Ribbon and should have his DD Form 214 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: 

* awarding the applicant the Army Good Conduct (1st Award) for the period of service from 7 December 2003 through 20 March 2005
* deleting from Item 13 of his DD Form ending on 20 March 2005 the Global War of Terrorism Expeditionary Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Combat Action Badge
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon



      _______ _   __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)                                         AR20110021720



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ABCMR Record of Proceedings (cont)                                         AR20110021720



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