IN THE CASE OF:    

		BOARD DATE:  4 September 2014 	  

		DOCKET NUMBER:  AR20140000734 


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 records to show award of the Army Good Conduct Medal (AGCM).

2.  The applicant states that he was ordered to active duty with the 
254th Quartermaster (QM) Company, U.S. Army Reserve (USAR).

   a.  He states the Army regulation governing award of the AGCM provides for the first award of the AGCM, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  He completed the required active service, but he was not awarded the AGCM.

   b.  He adds that he is currently serving in the Air National Guard and his first sergeant recently brought this matter to his attention.

3.  The applicant provides copies of his 14 January 2006 DD Form 214 (Certificate of Release or Discharge from Active Duty), an award document, and page 58 from Army Regulation 600-8-22 (Military Awards).

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 USAR for a period of 8 years on 31 March 2003. He completed active duty for training (ADT) during the period 25 June through
4 September 2003 and was awarded military occupational specialty (MOS) 92S (Shower/Laundry/Clothing).

3.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 6 December 2004.  He was promoted to specialist (SPC)/pay grade E-4 on 9 April 2005.  It also shows he was honorably released from active duty (REFRAD) on 14 January 2006 and transferred to the 254th QM Company (USAR).  He had completed 1 year, 1 month, and 9 days of net active service this period; 4 months and 24 days of total prior active service; and 1 year, 3 months, and 11 days of total prior inactive service.  It also shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon 
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

* item 18 (Remarks), in part, that he served in Iraq during the period
6 February to 17 December 2005

4.  A DD Form 214 shows the applicant was ordered to active duty in support of OIF on 21 October 2006.  He was honorably REFRAD on 10 September 2007. He had completed 10 months and 20 days of net active service this period; 1 year, 6 months, and 3 days of total prior active service; and 2 years and 17 days of total prior inactive service.  It also shows in:



* item 13:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon 
* Overseas Service Ribbon (2nd Award)
* Armed Forces Reserve Medal with "M" Device

* item 18, in part, that he served in Kuwait and Iraq during the period 
6 November 2006 to 25 August 2007

5.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award) during the period 6 December 2004 through 14 January 2006.

6.  A review of the U.S. Army Human Resources Command (HRC), Military Awards Branch, "Recently Approved Unit Awards" listing shows the 442nd QM Company was cited for award of the Meritorious Unit Commendation for the period 15 September 2006 to 10 September 2007.

7.  In support of his request, the applicant provides a copy of the front side of a DA Form 638 (Recommendation for Award), dated 1 August 2005, that shows he was recommended for award of the Army Achievement Medal (AAM) for meritorious service while deployed with the 254th QM Company, 19th Corps Support Battalion, in support of OIF from 7 February 2005 to 6 February 2006.

8.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  


	b.  By message, dated 8 February 2005, the Military Awards Branch, HRC, provided clarification on award of the AGCM.  It stated Reserve Component Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  

	c.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq for which he qualified for the ICM, participation credit was awarded for the following two campaigns:

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

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 13 state, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the AGCM (1st Award) because he served a qualifying period of active Federal military service.

2.  The applicant served a period of continuous honorable active Federal military service from 6 December 2004 through 14 January 2006.

   a.  He was promoted to SPC (E-4) on 9 April 2005.

   b.  He was awarded the AAM for meritorious service while deployed in support of OIF from 7 February 2005 to 6 February 2006.
   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

3.  Records show the applicant's service in support of OIF in Iraq from 
6 November 2006 through 25 August 2007 qualified him for award of the ICM.

	a.  Records also show that during this qualifying period, the applicant served in Iraq during the National Resolution and Iraqi Surge campaigns.
   
   b.  Therefore, it would be appropriate to correct his 10 September 2007 DD Form 214 to show award of the ICM with two bronze service stars. 

4.  The evidence of record shows the 442nd QM Company was awarded the Meritorious Unit Commendation for the period 15 September 2006 to
10 September 2007.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

___X____  ___X___   ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/ECOMMENDATION:

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 December 2004 through 14 January 2006 (Standard Name Line:  SPC, 254th Quartermaster Company, 19th Corps Support Battalion);

   b.  adding to item 13 of his 14 January 2006 DD Form 214 the Army Good Conduct Medal (1st Award);

   c.  deleting from item 13 of his 10 September 2007 DD Form 214 the entry "Iraq Campaign Medal"; and

   d.  adding to item 13 of his 10 September 2007 DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 2 bronze service stars
* Meritorious Unit Commendation



      __________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)                                         AR20140000734



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ABCMR Record of Proceedings (cont)                                         AR20140000734



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