BOARD DATE:	  29 November 2012

		DOCKET NUMBER:  AR20120009897 


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 award of the Army Commendation Medal and Overseas Service Ribbon.

2.  He states his DD Form 214 does not show these awards.

3.  He provides:

* DD Form 214
* Enlisted Record Brief (ERB)
* DA Form 4980-14 (Army Commendation Medal Certificate)

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 enlisted in the Regular Army on 14 September 2004.

3.  Section IX (Assignment History) of his ERB shows he was assigned to:

	a.  Company A, 1st Battalion, 501st Infantry Rifle Regiment, Fort Richardson, Alaska, on 30 March 2005; and

	b.  Rear Detachment H, 1st Battalion, 501st Infantry Regiment, on 22 September 2006.

4.  He submitted a DA Form 4980-14 which shows Permanent Order Number 150-01, dated 30 May 2007, issued by the Rear Detachment, 1st Battalion, 501st Infantry Regiment, awarded him the Army Commendation Medal for meritorious achievement from 5 June 2006 to 1 March 2007.

5.  On 17 September 2007, he was honorably discharged by reason of disability with severance pay.  His DD Form 214 shows he completed a total of 3 years and 4 days of active military service.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "00  00  00," and

	b.  item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Expert Infantryman Badge, "Basic Marksmanship Qualification Badge," Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.

6.  During the processing of this case, a staff member of the Board requested Defense Finance and Accounting Service (DFAS) verification of the applicant's overseas service dates.  DFAS records show the applicant served in Alaska from 30 March 2005 to 17 September 2007.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-4 provides guidance for the Overseas Service Ribbon.  It states the Overseas Service Ribbon is authorized for members upon completion of a normal overseas tour as defined in Army Regulation 614-30 (Overseas Service).  Army Regulation 614-30 states that overseas tour areas and tour lengths are contained in appendix Q of the Joint Federal Travel Regulation (JFTR).  Appendix Q of the JFTR identifies Alaska as an overseas tour area and indicates the tour length is 24 months if the Soldier is serving on his or her initial term of active Federal military service.

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 635-5 (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.  The current version states to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show he was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.

2.  The evidence of record shows he served in Alaska from 30 March 2005 to 17 September 2007, a period of 2 years, 5 months, and 19 days.  Therefore, item 12f of his DD Form 214 should be corrected accordingly.

3.  The evidence of record confirms the applicant completed an overseas tour in Alaska as evidenced by the entry in section IX of his ERB.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Overseas Service Ribbon.

4.  The available evidence shows the applicant served honorably from 14 September 2004 to 17 September 2007 and there is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.



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.  awarding him the Army Good Conduct Medal (1st award) for the period 14 September 2004 to 13 September 2007;

	b.  deleting the entry "00  00  00" from item 12f of his DD Form 214 and replacing it with the entry "02  05  19"; and

	c.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), and Overseas Service Ribbon to item 13 of 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)                                         AR20120009897



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ABCMR Record of Proceedings (cont)                                         AR20120009897



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