IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20120022859 


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) for the period ending 5 June 2005 to show award of the Army Good Conduct Medal and the Combat Action Badge.

2.  The applicant states these awards are not annotated on his DD Form 214.  He is attaching records of his authorization to wear these awards/badges.  They were duly earned in a combat theater and reflect his honorable service in a combat zone during which time he came under direct fire by the enemy.

3.  The applicant provides:

* Memorandum issued by A Company, 367th Engineer Battalion, Bagram Airfield, Afghanistan, subject:  Award of the Good Conduct Medal, dated 16 April 2005
* Permanent Order 06-198-00146, issued by Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, dated 17 July 2006
* DD Form 214

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 U.S. Army Reserve (USAR) on 25 January 2000. He entered active duty for training (ADT) on 7 March 2000.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer).  He was honorably released from ADT on 22 June 2000 and he was transferred to a Reserve unit.

3.  On 11 February 2004, he was ordered to active duty in support of Operation Enduring Freedom (OEF).  He was assigned to the 367th Engineer Battalion.

4.  On 5 June 2005, he was honorably released from active duty at the completion of required active service in the rank/grade of specialist (SPC)/E-4.  He completed 1 year, 3 months, and 25 days of net active service this period with no time lost.  The DD Form 214 he was issued at the time shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Lapel Button
* Driver and Mechanic Badge

* Item 18 (Remarks) the entry "SERVED IN AFGHANISTAN 20040513 -20050505," a period of 11 months and 24 days.

5.  He provides:

	a.  A memorandum from his unit commander, dated 16 April 2005, in effect, recommending him for the first award of the Army Good Conduct Medal for the period 11 February 2004 through 30 April 2005 in support of OEF.

	b.  Permanent Order Number 06-198-00146, dated 17 July 2006, awarding him the Combat Action Badge for actively engaging or being engaged by the enemy on 15 May 2006.

6.  He was honorably discharged from the USAR on 9 January 2008.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, and similar devices awarded in recognition of accomplishments.  It states:

	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 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	d.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

8.  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.  The memorandum from the applicant's commander in effect recommended him for the first award of the Army Good Conduct Medal for his service in support of OEF from 11 February 2004 through 30 April 2005.  However, on 5 June 2005, he was honorably released from active duty at the completion of required active service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 11 February 2004 through
5 June 2005 and to correct his DD Form 214 to show this award.

2.  Orders confirm he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy in Afghanistan.  Therefore, his
DD Form 214 should be corrected to show this award.

3.  Evidence shows the applicant participated in one campaign during his service in Afghanistan that entitles him to one bronze service star for wear on his already-awarded Afghanistan Campaign Medal.  Therefore, his DD Form 214 should be corrected to show this bronze service star.

4.  Records show the applicant served during a qualifying period for entitlement to the Overseas Service Ribbon.  Therefore, his DD For 214 should be corrected to show this award.

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:

	a.  deleting from his DD Form 214 for the period ending 5 June 2005 the Afghanistan Campaign Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 February 2004 through 5 June 2005; and

	c.  adding to his DD Form 214 for the period ending 5 June 2005 the:

* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with one bronze service star
* Overseas Service Ribbon
* Combat Action Badge



      ___________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)                                         AR20120022859



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ABCMR Record of Proceedings (cont)                                         AR20120022859



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