IN THE CASE OF:	   

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011132 


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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show the correct awards and information for his deployment to Iraq.

2.  The applicant states the awards shown do not coincide with his mobilizations and deployment. 

3.  The applicant provides copies of his DD Forms 214, memorandum awarding him 2nd "M" Device for wear on the Armed Forces Reserve Medal (AFRM) for service during OIF; 16 December 2003 amendment to separation orders; Army Combined Arms Support Command and Fort Lee, Virginia travel orders 133-00001; DA Form 638 (Recommendation for Award, dated 26 September 2003; Army Commendation Medal Certificate; and a Federal Bureau of Investigation (FBI) Certificate of Appreciation.

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 15 December 1997.  He completed training as a military policeman (MP) and served with an MP unit.   

3.  He was mobilized with his unit from 2 October 2001 for service in support of OIF and was honorably separated from active duty on 17 October 2002.  He had of 1 year, and 12 days of active duty service during this period.  His DD Form 214 shows in item 13 (Decorations, Medals, etc.) – Army Reserve Components Achievement Medal, National Defense Service Medal, AFRM with "M" Device, and the Army Service Ribbon.

4.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of five categories of periods of continuous enlisted active Federal military service including:

* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

5.  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.

6.  Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal (GWOTSM) was established in March 2003.  It 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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

7.  He was mobilized again from 24 February 2003 to 9 January 2004 and deployed to Iraq.  His DD Form 214 for this period shows in:

	a.  item 13 – authorized awards as the Army Commendation Medal, National Defense Service Medal, AFRM with "M" Device, Army Service Ribbon;

	c.  item 18 – (in pertinent part) Service in Southwest Asia 20030515-20031206 

8  The Defense Finance and Accounting service indicated that it had no data on the applicant.

9.  The documents he submitted in support of his request include:

* award of a 2nd "M" Device for wear on the AFRM
* Army Combined Arms Support Command and Fort Lee, Virginia travel orders 133-00001 with a 14 May 2003 departure for Kuwait City;
* DA Form 638 recommendation and approval of the Army Commendation Medal for service in support of OIF from 24 February to 1 December 2003
* awarded the Army Commendation Medal for service during OIF from 24 February to 1 December 2003
* awarded a certificate of appreciation by the FBI for his assistance in a joint reconnaissance and investigation

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

	a.  The Iraq Campaign Medal was authorized by Public Law 108–234, 28 May 2004 and Executive Order 13363, 29 November 2004 and is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  One campaign, the Transition of Iraq (2 May 2003-28 June 2004), coincides with the applicant's deployment.




	b.  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device (Only one "M" device may be worn.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced individual training.  The specific directions for various entries include:

* Item 13 (Decorations, Medals, etc.) list all awards for all periods of service
* Item 18 show the entry "SERVICE IN (Name of Country Deployed) From-T0 (inclusive dates for example YYYYMMDD-YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his 2004 DD Forms 214 do not accurately reflect his awards or his deployment to Iraq.

2.  He should be awarded the Army Good Conduct Medal (1st Award) for the period 6 October 2001 through 17 October 2002 and authorized the Global War on Terrorism Service Medal and they should be added to his 2002 DD Form 214.

3.  Concerning the DD Form 214 for his second mobilization period:

	a.  The Iraq Campaign Medal was authorized after his period of active duty; however he qualified for that award and it should be added.  The Iraq Campaign Medal with one bronze service star should be added to his awards.

	b.  He was authorized the 2nd "M" device and it should be shown on his DD Form 214 even though only one may be worn.




	c.  Item 18 (Remarks) shows (in part) "Service in Southwest Asia 20030515-20031206".  However the governing regulation requires that a country be shown.  

4.  All of the applicant's awards should be shown on his latest DD Form 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 October 2001 through 17 October 2002;

	b.  changing his 17 March 2002 DD Form 214 by adding

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal to the awards already listed in item 13;

	c. changing item 13 of his 9 January 2004 DD Form 214 by:

		(1)  deleting Armed Forces Reserve Medal with M Device

		(2)  showing that in addition to the awards already shown, the applicant is authorized the:

* Iraq Campaign Medal with one bronze service star
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Army Reserve Components Achievement Medal
* Armed Forces Reserve Medal with M Device (2nd Award)

	d.  changing item 18 (Remarks) by deleting "Service in Southwest Asia 20030515 – 20031206" and inserting "Service in Kuwait/Iraq 20030515 – 20031206".




      _______ _   _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)                                         AR20130011132





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ABCMR Record of Proceedings (cont)                                         AR20130011132



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