IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019091 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award or authorization to wear the Army Good Conduct Medal (AGCM) and the Global War on Terrorism Service Medal (GWOTSM).

2.  She states, in effect, that although she earned these medals and they are annotated on her DA Form 2-1 (Personnel Qualification Record - Part II), they were not annotated on her DD Form 214.

3.  She provides her DD Form 214 and mobilization orders.

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.  Following a period of service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 27 May 1998.  She was ordered to active duty under the provisions of Title 10, U.S. Code for Continental United States (CONUS) based operations in support of Operation Enduring Freedom on 15 August 2004.  She was honorably released from active duty (REFRAD) on 14 August 2006 upon completion of 2 years of creditable active service.

3.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 shows she was awarded or authorized to wear the AGCM and GWOTSM.

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

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating she completed no 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 Achievement Medal
* Army Reserve Components Achievement Medal (ARCAM)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

	c.  item 18 (Remarks) does not show she served overseas during the period covered by the DD Form 214.

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 her for the first award of the AGCM.  There are also no entries in her military record to indicate her commanders denied her the first award of the AGCM during the period covered by her 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.  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 Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

7.  By message, dated 8 February 2005, the Military Awards Branch, HRC, provided clarification on award of the AGCM.  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 AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 2-1 shows she was awarded the AGCM.  Therefore, she is entitled to correction of her DD Form 214 to show this medal.

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

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, State, and Army National Guard Bureau records of the individual concerned be corrected by adding the following awards to item 13 of her DD Form 214 for the period ending 14 August 2006:

* Army Good Conduct Medal (1st Award)
* 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)                                         AR20130019091





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ABCMR Record of Proceedings (cont)                                         AR20130019091



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