IN THE CASE OF:	  

		BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130000634 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized two bronze service stars for wear with his Iraq Campaign Medal (ICM) and award of the Army Reserve Components Achievement Medal (ARCAM).

2.  He states the additional Iraq campaign was not known at the time of his release from active duty in 2009.  He states his ARCAM was awarded after his release from active duty in 2009.

3.  He provides a DA Form 7631 (Deployment Cycle Support Checklist) and a memorandum, Company D, 1st Battalion, 185th Armor Regiment, California Army National Guard (CAARNG), dated 22 July 2010, subject:  Authorization for Longevity Awards.

CONSIDERATION OF EVIDENCE:

1.  On 30 November 2006, the applicant enlisted in the CAARNG.  After completing initial entry training during the period 29 March to 20 July 2007, he was awarded military occupational specialty 19K (Armor Crewman).

2.  On 16 August 2008, he entered active duty as a member of the CAARNG in support of Operation Iraqi Freedom.  On 8 September 2009, he was honorably released from active duty by reason of completion of required active service.  He completed 1 year and 23 days of net active service during this period.  His record shows he was assigned to Company D, 1st Battalion, 185th Armor Regiment, throughout the period.

3.  His DD Form 214 for the period ending 8 September 2009 shows he was awarded or authorized the:

* Purple Heart
* Army Achievement Medal
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* ICM with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Combat Action Badge

4.  Item 18 (Remarks) of this DD Form 214 shows he served in Iraq from 27 October 2008 to 30 July 2009.

5.  On 15 May 2012, he was honorably discharged from the CAARNG.  The discharge orders show he was a member of Company D, 1st Battalion, 185th Armor Regiment, at the time of his discharge.

6.  He provides:

* DA Form 7631 signed by his commander and first sergeant on 16 April 2009 showing he arrived in theater on 26 October 2008 and was scheduled for redeployment on 16 August 2009
* unsigned memorandum, Company D, 1st Battalion, 185th Armor Regiment, CAARNG, dated 22 July 2010, subject:  Authorization for Longevity Awards, stating he was authorized the ARCAM for the period 30 November 2006 to 29 November 2009

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear with the ICM for participation in each credited campaign.  The approved campaigns have been updated twice since the applicant was released from active duty.  The current list of campaigns shows his service in Iraq coincided with two campaigns:

* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

8.  Army Regulation 600-8-22 states the ARCAM is authorized for award to Army personnel 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 troop program unit (TPU) or as an individual mobilization augmentee.  Effective 28 March 1995, the period of qualifying service for award of the ARCAM is 3 years.  Such years of qualifying service must have been consecutive.

9.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to award of the ARCAM.  It states that 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 ARCAM will not be lost and will continue to count toward award of the ARCAM once personnel are no longer activated/mobilized.  The period of service used to award the AGCM cannot be used toward award of the ARCAM.  However, periods of active duty that do not meet the eligibility requirement for award of the AGCM may be used for award of the ARCAM.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the ARCAM if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

10.  Army Regulation 600-8-22 states the AGCM 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 active Federal military service.

11.  A review of his records indicates he is authorized an additional award.

12.  On 4 December 2009, the U.S. Army Human Resources Command issued Permanent Orders 338-09 announcing award of the Meritorious Unit Commendation (MUC) to Company D, 1st Battalion, 185th Armor Regiment, for the period 27 October 2008 to 31 July 2009.

13.  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.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1.  He was awarded the ICM and he participated in two campaigns while serving in Iraq.  He is entitled to correction of his DD Form 214 for the period ending 8 September 2009 to show two bronze service stars for wear on the previously-awarded ICM.

2.  He provides a memorandum showing he was authorized award of the ARCAM for the period 30 November 2006 to 29 November 2009.  A review of his records shows this period is an error.

	a.  It appears he was awarded the AGCM for his period of active duty service ending from16 August 2008 through 8 September 2009.  The qualifying period for award of the ARCAM may not overlap a period for which the AGCM was awarded.  Notwithstanding the error in the memorandum he provides, the available records indicate he completed sufficient TPU service before and after his mobilization to be eligible for the ARCAM and there is no evidence of conduct that would have disqualified him from receiving this award.

	b.  In view of the foregoing, it would be appropriate to award him the ARCAM for the cumulative 3-year period 30 November 2006-15 August 2008 (1 year, 8 months, and 16 days) and 9 September 2009-23 December 2010 (1 year, 3 months, and 14 days).

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Because the applicant became eligible for the ARCAM after his last period of active duty service, it would not be appropriate to add this decoration to the DD Form 214 documenting that period.  It would, however, be appropriate to issue a document verifying he was awarded the ARCAM and to add this document to his records.

4.  He served in a unit during a period for which the unit was awarded the MUC.  He is entitled to correction of his DD Form 214 for the period ending 8 September 2009 to show this unit award.



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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  issuing an appropriate document showing he is authorized award of the ARCAM for the cumulative 3-year period 30 November 2006-15 August 2008 and 9 September 2009-23 December 2010 and filing the document in his records; 

	b.  voiding the unsigned CAARNG memorandum authorizing him the ARCAM for the period 30 November 2008 to 29 November 2009; and

	c.  amending his DD Form 214 for the period ending 8 September 2009 as follows:

* deleting award of the ICM with campaign star
* adding award of the ICM with two bronze service stars and the MUC

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 adding award of the ARCAM to his DD Form 214 for the period ending 8 September 2009.



      ___________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)                                         AR20130000634



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ABCMR Record of Proceedings (cont)                                         AR20130000634



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