BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140000778 


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 any combat medals or ribbons she was awarded or authorized during her tenure with Headquarters and Headquarters Company, 501st Forward Support Battalion in Germany.

2.  The applicant states her DD Form 214 does not reflect wartime medals and/or ribbons awarded for this deployment during activation of said duty station.

3.  The applicant provides her 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.  On 13 February 2001, the applicant enlisted in the Regular Army in rank of private first class (PFC)/pay grade E-3.  She completed training and was awarded military occupational specialty 92G (Food Service Specialist).  The highest rank she held was PFC.

3.  Her Enlisted Record Brief shows she was assigned to Headquarters and Headquarters Company, 501st Corps Support Battalion in Germany from 21 January 2003 until her release from active duty.

4.  On 14 April 2004, she was released from active duty.  Her DD Form 214 shows she completed 3 years, 2 months, and 2 days of creditable active service.  It also shows she was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

5.  Her records are void of any evidence of deployed service.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant did not receive any hostile fire or imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) for any overseas location during her tenure of service.

7.  Her records are void of any orders or other documents that indicate she was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the available records and no disqualification by her chain of command.

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty 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. 

9.  Army Regulation 600-8-22 states the 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 active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows she served during a period of qualifying service for entitlement to the GWOTSM.  As such, it would be appropriate to add this award to her DD Form 214.

2.  There is no order or other available evidence to show she was awarded the 1st award of the AGCM.  Based on the absence of any disqualification for award of the AGCM, it can be presumed that she was eligible for award of the AGCM based on completion of a period of 3 years of consecutive Federal military service.  As such, it would be appropriate to award her the AGCM (1st award) for the period 13 February 2001 through 12 February 2004 and to add this award to her DD Form 214.

3.  There is no available evidence to support correcting her record to show she was awarded or authorized any additional combat medals or ribbons during her tenure of service.

4.  In view of the foregoing, the applicant is entitled to have her records corrected as recommended shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  _x_______  _x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding her the AGCM (1st Award) for the period 13 February 2001 through 12 February 2004 and
   
   b.  adding to her DD Form 214 the AGCM (1st Award) and the GWOTSM.

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 her record to show additional combat medals or ribbons awarded or authorized during her tenure of service.



      __________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)                                         AR20140000778



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000778



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1