BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120021956 


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 all of his awards to include two Army Commendation Medals, Navy and Marine Corps Achievement Medal, Army Good Conduct Medal, and Humanitarian Service Medal.

2.  The applicant states:

	a.  He received the Humanitarian Service Medal for his service during Hurricane Katrina and has seen it recorded in his Army National Guard (ARNG) records.

	b.  He was still serving on active duty when the awards were handed out but never could find out where his paperwork went.

	c.  He was given the Army Good Conduct Medal while leaving Iraq.  He didn't receive the paperwork because he remained on active duty for a period after that.  By the time he was released from active duty, all of the clerks had returned to their home units.

3.  The applicant provides copies of his DD Form 214 for the period ending 14 August 2008, a first endorsement to a memorandum for award of the Navy and Marine Corps Achievement Medal, and two DA Forms 638 (Recommendation for Award) for award of the Army Commendation Medal.


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 periods of service and branch of service are shown as:

	a.  ARNG from 27 April 1984 through 2 October 1985 with active duty for training from 2 July 1984 through 30 October 1984,

	b.  Regular Army from 3 October 1985 through 16 September 1987,

	c.  no military service from 17 September 1987 through 15 July 2004, and

	d.  ARNG from 16 July 2004 through 15 August 2008 with two periods of active duty from 30 May 2006 through 25 November 2007 and from 31 March 2008 through 14 August 2008.

3.  The applicant provides a DA Form 638, dated 8 November 2005, showing Headquarters, 226th Area Support Group (ASG), Permanent Order 
Number 29-05 awarded him the Army Commendation Medal for meritorious service with Task Force South during its humanitarian relief efforts for Hurricane Katrina from 28 August to 11 September 2005.

4.  The applicant provides a DA Form 638, dated 27 December 2006, showing Headquarters and Headquarters Company, 226th ASG, Permanent Order Number 365-018 awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service during Operation Iraqi Freedom from 30 May to 30 November 2006.

5.  The applicant provides a 1st endorsement to a memorandum, Marine Wing Headquarters Squadron 2, Detachment A, 2d Marine Aircraft Wing (Forward), dated 23 July 2007, subject:  Navy and Marine Corps Achievement Medal.  The endorsement is addressed to him and appears to be transmitting the approved award of the Navy and Marine Corps Achievement Medal.

6.  The applicant's DD Form 214 for the period 30 May 2006 through 25 November 2007 shows he completed 1 year, 11 months, and 25 days of active service during this period.  His authorized awards are shown as the Bronze Star Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

7.  The applicant's DD Form 214 for the period 31 March through 14 August 2008 shows he completed 4 months and 14 days of active service during this period.  His authorized awards are shown as the Bronze Star Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.

8.  The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 15 August 2008 shows his authorized awards as the Army Service Ribbon, Army Lapel Button, Alabama Active Duty Basic Training Medal, Bronze Star Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device, Alabama National Emergency Service Medal with "911" Clasp, Humanitarian Service Medal, Army Commendation Medal, and Army Reserve Components Achievement Medal (for the period ending 15 July 2007).

9.  A memorandum from the U.S. Army Human Resources Command, dated 5 March 2010, subject:  Army Concurrence for the I Marine Expeditionary Force Navy Unit Commendation, in the applicant's official records concurred with the recommendation awarding the Navy Unit Commendation Medal to members of the 226th ASG for their participation in I Marine Expeditionary Force operations during the period 28 August 2006 to 9 February 2007.  The applicant's name is listed on the attached the 226th ASG Navy Commendation Roster.

10.  Although the applicant does not request that his State awards be included on the DD Form 214, as a matter of clarity it is noted that only Federal awards listed in and/or authorized by Army Regulation 600-8-22 (Military Awards) are recorded on a DD Form 214.


11.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 Federal enlisted service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* each 3 years completed on or after 27 August 1940
* for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty
* for the first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

	b.  The Army Reserve Components Achievement Medal is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or U.S. Army Reserve troop program unit or as an individual mobilization augmentee.  Soldiers completing 3 years of qualified service on or after 28 March 1995 are eligible for Army Reserve Components Achievement Medal consideration.  For Soldiers who are called to active duty, their period of service for the Army Reserve Components Achievement Medal is suspended for the period of active duty and resumes upon the date they return to their Reserve Component unit.  Periods of active duty that do not qualify for the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.

	c.  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 that when a qualifying period of troop program unit 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 award 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's records contain an endorsement to a memorandum apparently awarding him the Navy and Marine Corps Achievement Medal, it does not include any specific information as to when, why, or by what authority it was awarded.  Without orders or a certificate/citation identifying the orders and approval authority, there is insufficient evidence to add the Navy and Marine Corps Achievement Medal to his DD Form 214 at this time.

2.  The applicant's records show he was awarded the Army Reserve Components Achievement Medal with an ending date of 15 July 2007.  This date is not correctly calculated.

3.  The applicant's eligibility period for the Army Reserve Components Achievement Medal began on 16 July 2004 and would have been suspended for the period he was serving on active duty.  However, because his period on active duty was insufficient to meet the requirements for award of an Army Good Conduct Medal, it is creditable for award of the Army Reserve Components Achievement Medal and it was appropriate to award him the Army Reserve Components Achievement Medal with an ending date of 15 July 2007.  Therefore, the Army Reserve Components Achievement Medal should be added to his DD Form 214.

4.  The U.S. Army Human Resources Command authorization for acceptance of the Navy Unit Commendation Medal was not completed until after the applicant was discharged.  It would be appropriate to add this authorized award to his final DD Form 214 at this time.

5.  The applicant was awarded two Army Commendation Medals.  Only one is shown on his NGB Form 22 and both were omitted from his DD Form 214.  It would be appropriate to add the Army Commendation Medal (2nd Award) to his final DD Form 214.

6.  The applicant's NGB Form 22 effective 15 August 2008 shows he was awarded the Humanitarian Service Medal.  This award is not reflected on his final DD Form 214.  It would be appropriate to add it to his authorized awards to on his final DD Form 214.

7.  The applicant's period of active Federal service from 3 October 1985 through 16 September 1987 is qualifying service for the first award of the Army Good Conduct Medal.  The applicant's records contain no indication of any disqualifying factors for this award for this period of service.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 3 October 1985 through 16 September 1987.  Subsequent periods of active duty are insufficient for additional Army Good Conduct Medals.

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 him the Army Good Conduct Medal (1st Award) for the period 3 October 1985 through 16 September 1987 and

	b.  adding award of the Army Commendation Medal (2nd Award), Army Good Conduct Medal (1st Award), Army Reserve Components Achievement Medal, Humanitarian Service Medal, and Navy Unit Commendation Medal to his DD Form 214 for the period ending 14 August 2008.

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 award of the Navy and Marine Corps Achievement Medal.



      ___________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)                                         AR20120021956



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ABCMR Record of Proceedings (cont)                                         AR20120021956



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