IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120007555 


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 the Army Reserve Components Achievement Medal.

2.  The applicant states he is now entitled to award of the Army Reserve Components Achievement Medal based on changes to the awards regulation.

3.  The applicant provides a self-authored statement; two DD Forms 214 (Certificate of Release or Discharge from Active Duty); U.S. Army Human Resources Command ARPC Form 249-E (Chronological Statement of Retirement Points), dated 13 April 2012; and Army Directive 2012-05, dated 21 February 2012.

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 served on active duty in the U.S. Marine Corps from 1 November 1994 through 27 January 2001.  A DD Form 214 for this period is not available.  He enlisted in a U.S. Army Reserve (USAR) for assignment to a troop program unit (TPU) on 25 June 2001.

3.  He was mobilized in support of Operation Joint Guardian, serving on active duty from 10 October 2002 through 16 June 2003 (8 months and 7 days).

4.  He was mobilized in support of Operation Enduring Freedom, serving on active duty from 23 April 2004 through 3 July 2005 (1 year, 2 months, and 11 days).

5.  He was awarded the Army Good Conduct Medal for his period of active Federal service from 23 April 2004 through 3 July 2005.

6.  The applicant was released from active duty on 3 July 2005.  His DD Form 214 for this period lists his authorized awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and continues in item 18 (Remarks).  The award information in item 18 is interspersed by other information.  His awards are shown as the Army Commendation Medal, Army Achievement Medal (3rd Award), Navy Achievement Medal (2nd Award), Navy Meritorious Unit Commendation, Army Good Conduct Medal, Marine Corps Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Kosovo Campaign Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device (2nd Award), Navy/Marine Corps Overseas Service Ribbon (3rd Award), Marine Security Guard Ribbon, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, North Atlantic Treaty Organization (NATO) Medal (Kosovo), and Gold German Army Marksmanship Badge.

7.  The applicant was honorably discharged from the USAR on 4 October 2005 having completed 1 year, 10 months, and 18 days on active duty and 2 years, 5 months, and 9 days of USAR TPU service.

8.  The applicant's record contains copies of four DD Forms 215 (Correction to DD Form 214) to correct his DD Form 214 for the period ending 3 July 2005.

	a.  A DD Form 215, dated 27 March 2006, adds award of the Global War on Terrorism Expeditionary Medal.

	b.  A second copy the same DD Form 215, dated 27 March 2006, is marked "VOID."

	c.  A DD Form 215, dated 24 December 2008, voids the DD Form 215, dated 27 March 2006; deletes the Kosovo Campaign Medal; and adds the Kosovo Campaign Medal with one bronze star, Army Overseas Service Ribbon, Global War on Terrorism Expeditionary Medal, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.

	d.  A DD Form 215, dated 27 April 2010, deletes the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Gold German Army Marksmanship Badge and adds the exact same three medals.

9.  The applicant's record contains no copies of any orders or certificates for any of his awards and there is no indication of any adverse or negative action that could be considered to preclude him from award of any award or decoration.

10.  Army Regulation 600-8-22 (Military Awards) (2008 edition) states the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve TPU or as an individual mobilization augmentee.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  Although there is no automatic entitlement to the Army Reserve Components Achievement Medal, disqualification must be justified.  Any case of unfavorable consideration requires the immediate commander to notify the individual of the rationale for the decision and permits the member to respond.  This action is to be filed in the Soldier's military personnel file.

11.  In a message, dated 8 February 2005, the U.S. Army Human Resources Command Military Awards Branch provided clarification for award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized to active duty under Title 10, U.S. Code, 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 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 Army Reserve Components Achievement Medal begins the day after the RC Soldier is released from active duty.  Any time prior to mobilization is lost and cannot count toward award of the Army Reserve Components Achievement Medal.  (Therefore, the RC Soldier's qualifying period of service for the Army Reserve Components Achievement Medal begins again from day 1 once the Soldier is released from active duty.)

12.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal.  It states when a qualifying period of TPU service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized.  The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that once a DD Form 214 has been issued, it should be reissued when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in a TPU from 25 June 2001 through 4 October 2005, a period of 4 years, 3 months, and 10 days.  He was awarded the Army Good Conduct Medal for his second period of mobilization, a period of 1 year, 2 months, and 11 days.

2.  At the time the applicant was released from active duty, regulations precluded award of the Army Reserve Components Achievement Medal unless a Soldier had 3 consecutive years of service in a qualifying RC.  For Soldiers who were mobilized, any time prior to mobilization was lost and could not count toward a subsequent award of the Army Reserve Components Achievement Medal.

3.  Based on the revised eligibility criteria, subtracting the period of time for which the applicant was awarded the Army Good Conduct Medal from his total period of USAR TPU service, he met the eligibility time requirements for the Army Reserve Components Achievement Medal.  With no indication of any other disqualifying factors, it is appropriate to award the applicant the Army Reserve Components Achievement Medal and add it to the awards listed on his DD Form 214.

4.  The applicant's first DD Form 215 corrected his records to show award of the Global War on Terrorism Expeditionary Medal.  This document was voided on 24 December 2008 and his award of the Global War on Terrorism Expeditionary Medal was included in a second DD Form 215 in addition to several other awards that had been omitted from his DD Form 214.

5.  The DD Form 215 issued on 27 April 2010 deletes and then adds the same awards with no changes or modifications to the awards.  As a self-contradictory document it should be voided.

6.  The issuance of a DD Form 215 to document award of the Army Reserve Components Achievement Medal would constitute either the third or fourth DD Form 215.  In accordance with regulation the recommended change requires not the issuance of an additional DD Form 215, but rather the issuance of a new DD Form 214.

7.  Therefore, it is appropriate to correct the applicant's records by:

	a.  voiding the DD Form 214, dated 3 July 2005, and all DD Forms 215; and

	b.  reissuing a DD Form 214 for his period of service from 23 April 2004 through 3 July 2005 to incorporate all of his awards, to include the prior and current corrections as shown below.

BOARD VOTE:

____X____  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  voiding the following documents:

* DD Form 214, dated 3 July 2005
* DD Form 215, dated 27 March 2006
* DD Form 215, dated 24 December 2008
* DD Form 215, dated 27 April 2010

	b.  awarding the applicant the Army Reserve Components Achievement Medal for the cumulative 3-year period 25 June 2001-22 April 2004 (2 years, 9 months, and 29 days) and 4 July 2005-5 September 2005 (2 months and 1 day); and

	c.  issuing a new DD Form 214 showing his authorized awards as the Army Commendation Medal, Army Achievement Medal (3rd Award), Navy Achievement Medal (2nd Award), Army Reserve Components Achievement Medal, Navy Meritorious Unit Commendation, Army Good Conduct Medal, Marine Corps Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Kosovo Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with "M" Device (2nd Award), NATO Medal (Kosovo), Navy/Marine Corps Overseas Service Ribbon (3rd Award), Army Overseas Service Ribbon, Marine Security Guard Ribbon, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Gold German Army Marksmanship Badge, and Army Lapel Button.



      ____________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)                                         AR20120007555



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ABCMR Record of Proceedings (cont)                                         AR20120007555



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