IN THE CASE OF:	 

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130006389 


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 award or authorization to wear the:

* Army Good Conduct Medal (AGCM)
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Overseas Service Ribbon (OSR)
* Overseas Service Bar (OSB)
* Combat Action Badge (CAB)

2.  He states that although he earned these awards and decorations, they were not awarded prior to his separation or annotated on his DD Form 214.  He desires to wear his dress uniform with legally earned decorations on military holidays and military civic events.

3.  He provides his 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 is requesting correction of his records to show award of the CAB.  The U.S. Army Human Resources Command (HRC) provided processing procedures for award of the CAB.  Although he provided several memoranda that indicate he submitted his request to HRC, information obtained from the agency indicates his request was not received or processed by HRC.  Therefore, he must submit his request for the award of the CAB to HRC for review and possible administrative correction.  He has been notified by separate correspondence of the procedures for applying for this badge.  As a result, the CAB will not be discussed further in this Record of Proceedings.

3.  Following a period of service in the U.S. Army Reserve, the applicant enlisted in the Utah Army National Guard (UTARNG) on 16 October 1996.  He was ordered to active duty under the provisions of Title 10, U.S. Code in support of Operation Enduring Freedom and Operation Iraqi Freedom on 7 February 2003.  He was honorably released from active duty (REFRAD) on 22 March 2004 upon completion of 1 year, 1 month, and 16 days of creditable active service and transferred back to the UTARNG.

4.  The DD Form 214 he was issued at the time of his REFRAD shows in:

	a.  item 12f (Foreign Service) the entry "0001  00  00" indicating he completed 1 years, 0 months, and 0 days of foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)) the:

* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge - with Driver-W Bar
* OSB (2nd Award)
* Armed Forces Reserve Medal with M Device

	c.  item 18 (Remarks) he served in Kuwait from 4 March 2003 to 21 April 2003, a period of 1 month and 17 days.  He also served in Iraq from 21 April 2003 through 22 February 2004, a period of 10 months and 2 days.  The inclusive dates of his service in Kuwait and Iraq were from 4 March 2003 through 22 February 2004, a period of 11 months and 19 days.

5.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military record to indicate his commanders denied him the first award of the Army Good Conduct Medal during the period covered by his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  GWOTSM 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 GWOTSM.

	b.  GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

	c.  ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include, but are not limited to:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	d.  OSR is awarded for successful completion of overseas tours.  According to the Awards Branch at HRC, 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.

	e.  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 Army Good Conduct Medal, disqualification must be justified.  

7.  By message, dated 8 February 2005, the Military Awards Branch, HRC, 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.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

8.  Army Regulation 600-8-22 also states that under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states one overseas service bar is authorized for 

each 6-month period of Federal service as a member of a U.S. Service participating in Operation Iraqi Freedom and/or Operation Enduring Freedom, the Central Command (CENTCOM) area of operations, or under the control of the Combatant Commander, CENTCOM, from 19 March 2003 to a date to be determined.  The months of arrival to, and departure from, the CENTCOM area of operations are counted as whole months.

10.  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.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  item 13, list awards and decorations for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  The applicant was ordered to active duty under the provisions of Title 10, U.S. Code and served a qualifying period of honorable service for award of the AGCM from 7 February 2003 through 22 March 2004.  Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this medal.

3.  Evidence shows the applicant served a qualifying period of service on active duty for award of the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

4.  Evidence shows the applicant served in Kuwait from 4 March 2003 to 21 April 2003 which is a qualifying period of service for award of the GWOTEM.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  Evidence shows the applicant served in Iraq from 21 April 2003 to 22 February 2004 which is a qualifying period of service for award of the ICM with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

6.  The applicant served a qualifying period of service in Kuwait/Iraq for entitlement to the Overseas Service Ribbon and correction of his DD Form 214 to show this service ribbon.

7.  The applicant's DD Form 214 shows the inclusive dates of his service in Kuwait and Iraq were from 4 March 2003 through 22 February 2004, a period of 11 months and 19 days of foreign service.  Item 12f of his DD Form 214 erroneously indicates he was deployed for exactly 1 year.  Notwithstanding the foregoing, it is the general policy of the Board not to cause an applicant to be worse off than he or she would have been had the Board not acted in the case.  Therefore, there will be no action taken to change the period of foreign service reflected in item 12f of his DD Form 214.

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

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
7 February 2003 through 22 March 2004;

	b.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon

2.  The Board further determined that 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 correcting his DD Form 214 to show he is authorized to wear any additional Overseas Service Bars.



      __________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)                                         AR20130006389





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ABCMR Record of Proceedings (cont)                                         AR20130006389



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