IN THE CASE OF:	  

		BOARD DATE:	    31 October 2013

		DOCKET NUMBER:  AR20130005480 


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 (1st Award).

2.  The applicant states he served honorably with no disciplinary action during 
3 years and 4 months of active duty service.  The applicant states he separated from the service before the proper paperwork could be submitted for this award.

3.  The applicant provides:

* a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 February 2009
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 26 February 2010

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 22 September 2005.  He successfully completed training and he was awarded military occupational specialty 11B (Infantryman).

3.  On 1 February 2009, he was honorably released from active duty (REFRAD) in the rank/grade of specialist (SPC)/E-4 after completing 3 years, 4 months, and
10 days of creditable active service with no time lost.  His DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) his list of awards, which include the Army Commendation Medal and Purple Heart, followed by the entry "NOTHING FOLLOWS."

	b.  item 18 (Remarks) among other entries the entry:

* "SERVICE IN IRAQ 20060626-20070913"
* "IRAQ CAMPAIGN MEDAL W/BRONZE SERVICE STAR"

4.  His record does not contain any adverse information that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving this award.

5.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

6.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Based on his service in support of OIF, the applicant participated in the following two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

7.  Army Regulation 635-5 (Personnel Separations - 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 for item 18, use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably REFRAD in the rank of SPC with 3 years,
4 months, and 10 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 22 September 2005 through 21 September 2008 based on completion of a period of qualifying service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 September 2005 through 21 September 2008 and to correct his DD Form 214 to show this award.

2.  Evidence of record shows the applicant deployed to Iraq during the period 
26 June 2006 to 13 September 2007.  Based on his deployed service, he participated in two campaigns that entitle him to two bronze service stars for wear on his already-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show these two bronze service stars.

3.  Item 13 lists his awards with the last entry as "Nothing Follows."  However, his DD Form 214 shows an additional award (the Iraq Campaign Medal with bronze service star) in item 18.  It appears the entry "Nothing Follows" was entered in error.  Therefore, Item 13 of his DD Form 214 should be corrected to show the entry "Continued in item 18" instead of "Nothing Follows."

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.  deleting from item 13 of his DD Form 214 the entry "Nothing Follows" and replacing it with the entry "Continued in item 18";

	b.  deleting from item 18 of his DD Form 214 the Iraq Campaign Medal with one bronze service star;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
22 September 2005 through 21 September 2008; and

	d.  adding to item 18 of his DD Form 214 the entry "Continued from item 13:  Army Good Conduct Medal (1st Award) and Iraq Campaign Medal with two bronze service stars."



      __________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)                                         AR20130005480



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ABCMR Record of Proceedings (cont)                                         AR20130005480



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