BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008009 


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) to show the Iraq Campaign Medal and any other awards he earned.

2.  The applicant states the awards were overlooked when he was processing out of active duty.  He would like the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides his DD Form 214 and NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service).

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 records show he enlisted in the Illinois Army National Guard (ILARNG) on 28 January 2000 and he held military occupational specialty 31C (Radio Operator).

3.  He was ordered to active duty in support of Operation Iraq Freedom (OIF) as a member of his ARNG unit and entered active duty on 12 October 2003.  He served in Iraq/Kuwait from 5 March 2004 to 10 February 2005 while assigned to F Battery, 202nd Air Defense Artillery, 1st Cavalry Division.

4.  He was honorably released from active duty on 6 April 2005 and assigned to his ILARNG unit.  He completed 1 year, 5 months, and 25 days of net active service.

5.  The DD Form 214 he was issued shows the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* National Defense Service medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

6.  Permanent Order (PO) Number 186-053, dated 5 July 2005, issued by the Department of Military Affairs, State of Illinois, Springfield, IL, awarded him the Combat Action Badge (1st Award) for the engagement of insurgents in Iraq.

7.  His record is void of any court-martial conviction or any other derogatory information.

8.  He was honorably released from the ILARNG on 27 January 2006 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 6 years of Reserve service.

9.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records shows he participated in the following two campaigns:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who 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, or meet other, specified criteria.  Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic area of eligibility, including Kuwait. 

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 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.

	d.  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.  

10.  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.  
DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Combat Action Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Iraq, was awarded the Combat Action Badge, and had 1 year, 5 months, and 25 days of active service.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  He served in Iraq and participated in two campaigns which qualified him for award of the Iraq Campaign Medal with two bronze service stars.  His DD Form 214 already shows award of the Global War on Terrorism Expeditionary Medal and Soldiers are not entitled to both medals for the same period of service.  However, as he requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal, it would be appropriate to correct his DD Form 214 accordingly. 

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 him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 12 October 2003 through 6 April 2005
* deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal
* adding to his DD Form 214 the:

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



      _______ _   _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)                                         AR20120008009





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008009



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1