BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130003677 


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 award of the Army Good Conduct Medal and the Global War on Terrorism Service Medal. 

2.  The applicant states the unit he served with was awarded the Global War on Terrorism Service Medal.  Additionally, he completed 4 years of active service but he was not awarded the Army Good Conduct Medal.  

3.  The applicant provides:

* DD Forms 214 (Certificate of Release or Discharge from Active Duty), ending on 30 July 1999 and 2 September 2003
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* State Active Duty Support Certificate
* Mobilization orders
* Letter from the State Governor

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 31 July 1996 and he held military occupational specialty 19K (M-1 Abrams Armor Crewmember).   He completed 2 years, 7 months, and 26 days of foreign service. 

3.  Permanent Orders (PO) Number 113-03, issued by Headquarters, 2nd Battalion, 63rd Armor, on 24 April 1997, awarded him the Army Achievement Medal for meritorious service from 4 to 28 March 1997. 

4.  PO Number 343-05, issued by Headquarters, 2nd Battalion, 63rd Armor, on 9 December 1997, awarded him the Army Achievement Medal for meritorious achievement on 10 September 1997. 

5.  He was honorably released from active duty on 30 July 1999.  His DD Form 214 for this period of service shows he completed 3 years of active service with no lost time and he was fully eligible to reenlist.  This form also shows he was awarded or authorized the:

* Army Achievement Medal
* Army Service Ribbon
* Overseas Service Ribbon

6.  His records do not contain official orders awarding him the Army Good Conduct Medal.  There is also no record of any derogatory information or actions that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 continuous years of active service 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.

8.  He enlisted in the Army National Guard (ARNG) on 24 February 2000.  He was ordered to active duty on 3 September 2002 and he was honorably released from active duty on 2 September 2003.  His DD Form 214 for this period of service shows he completed 1 year of active service.  This form also shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon

9.   Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms he served honorably on active duty during the period 31 July 1996 through 30 July 1999.  He completed 3 years of creditable active service with no lost time.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct both of his DD Forms 214 to show this award.

2.  He was awarded two awards of the Army Achievement Medal during his first period of active duty.  His DD Forms 214 for both periods of service listed only one award.  Therefore, it would be appropriate to correct both of his DD Forms 214 to show two awards of the Army Achievement Medal. 

3.  His second period of active service also qualifies him for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214, ending on 2 September 2003, 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 31 July 1996 through 30 July 1999
* deleting from his DD Form 214 ending on 30 July 1999 the Army Achievement Medal and adding the Army Good Conduct Medal (1st Award) and Army Achievement Medal (2nd Award)
* deleting from his DD Form 214 ending on 2 September 2003 the Army Achievement Medal and adding the Army Good Conduct Medal (1st Award), Army Achievement Medal (2nd Award), and Global War on Terrorism Service 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)                                         AR20130003677





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003677



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1