BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110022117 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states she was awarded the ARCAM and it should be shown on her DD Form 214.

3.  The applicant provides copies of a 5 December 2006 memorandum for record awarding her the ARCAM and her DD Form 214, dated 19 July 2006.

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, a U.S. Army Reserve (USAR) Soldier, commenced active duty in support of Operation Iraqi Freedom (OIF) on 7 December 2003.  She was retained on active duty for the convenience of the government for a period of 644 days.  She served in Iraq from 29 February to 10 August 2004.  On 19 July 2006, she was separated in pay grade E-4 due to physical disability with severance pay.

3.  The DD Form 214 for this active duty period shows she completed 2 years, 7 months, and 13 days of net active service; 10 months and 22 days of prior active service; and 10 months and 9 days of total prior inactive service.  It lists her authorized awards as the National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device (2nd Award).

4.  On 6 December 2006, the applicant's USAR company commander awarded her the ARCAM for a 3-year period of exemplary behavior, efficiency, and fidelity between 6 March 2002 and 5 March 2005.

5.  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 (AGCM).  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 AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM 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 released from active duty.  Effective 11 September 2002, qualifying service for the ARCAM is cumulative; therefore, the RC Soldier's qualifying period of service for the ARCAM restarts once the Soldier is released from active duty.

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

	a.  The AGCM 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 AGCM, disqualification must be justified.

	b.  The ICM is awarded to members who served in direct support of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns during the applicant's service in Iraq included the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005).

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was awarded the ARCAM by her unit, the time she was serving on active duty was not creditable and she was awarded the ARCAM erroneously.  In fact, her DD Form 214 shows she had only 10 months and 9 days of qualifying service for the ARCAM.  Therefore, it should not be added to her DD Form 214.

2.  Although the individual's commander should have recommended award of the AGCM for her mobilized service, in fact, such action very seldom occurs unless the individual has actually completed 3 full years of active duty service.  In light of her 2 years, 7 months, and 13 days of net active service ending with the termination of a period of Federal military service without a discreditable incident of record, her combat zone service, and her progress to pay grade E-4, she should be awarded the AGCM and it should be added to her DD Form 214.
 
3.  The applicant's service in Iraq from 29 February to 10 August 2004 included participation in two campaigns.  This authorizes two bronze service stars for wear on the ICM.  These bronze service stars should be added to her DD Form 214.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

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.  awarding her the AGCM (1st Award) for the period 7 December 2003 through 19 July 2006 and

	b.  adding the AGCM (1st Award) and two bronze service stars with the ICM to the authorized awards already shown on her 19 July 2006 DD Form 214.

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 adding the ARCAM to the awards listed on her 19 July 2006 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)                                         AR20110022117



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ABCMR Record of Proceedings (cont)                                         AR20110022117



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