IN THE CASE OF:    

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140007493 


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 the Bronze Star Medal, Army Achievement Medal (3rd Award), and the Combat Action Badge.

2.  The applicant states these were awarded after he was released from active duty.

3.  The applicant provides copies of – 

* his DD Form 214
* DA Form 638 (Recommendation for Award), citation and certificate for the Bronze Star Medal
* DA Form 638 and citation for the Army Achievement Medal 
* orders for the Combat Action Badge

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, a career Army Reserve staff sergeant, was mobilized on 10 February 2003 in support of Operation Enduring Freedom/Iraqi Freedom.  

3.  He was released from active duty on 16 June 2004 due to the completion of required active duty service.  At the time, he had completed approximately 16 years of total service.  His DD Form 214 lists his authorized awards as the – 

* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Armed Forces Reserve Medal (2nd Award with "M" Device)
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Kuwait Liberation Medal (Kuwait)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Driver and Mechanic Badge with Driver and Mechanic Bars
* overseas service bar

4.  He received two NCO evaluations that addressed parts of his active duty.  All ratings were either successful or superior and all remarks were complementary.  There was no suggestion that he was anything other than a valued member and a leader within the organization. 

5.  The documents he provides show: 

	a.  101st Airborne Division (Air Assault) Permanent Orders Number 335-046D, dated 1 December 2003, awarded him the Bronze Star Medal for meritorious service during the period 19 March to 31 October 2003;

	b.  52nd Engineer Battalion (Heavy Combat) Permanent Orders Number 337-08, dated 7 December 2004, awarded him the Army Achievement Medal for the period 12 April to 1 July 2004.

	c.  90th Regional Readiness Command Permanent Orders 165-130, dated 2 October 2006, awarded him the Combat Action Badge for the period 10 July 2003 to 2 January 2004.

6.  The applicant appears to be eligible for other awards that are not shown on this DD Form 214.

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

	a.  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.  Qualifying for the first award only include those who were terminated on or after 27 June 1950 with less than 3 years but more than 1 year of active duty service.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

8.  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 provides that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing “active Federal military service,” and are 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 the first day the mobilized RC Soldier is serving on active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Bronze Star Medal, Army Achievement Medal (3rd Award) and the Combat Action Badge be added to his DD Form 214.

2.  The applicant was awarded the Bronze Star Medal for a period of service covered by his DD Form 214 for the period ending 16 June 2004.  Although the award was finalized before he was released from active duty, it does not show on the DD Form 214.

3.  The Army Achievement Medal awarded by 52d Engineer Battalion (Heavy Combat) Permanent Orders Number 337-08 was awarded for service during the period covered by the DD Form 214; however, the order was finalized after his release from active duty.  The order does not specify, but the DD Form 214 already shows, "Army Achievement Medal (2nd Award)".  Therefore, it can be concluded that this Army Achievement Medal was his 3rd Award.

4.  The applicant was awarded the Combat Action Badge well after his active duty tour had ended but it was for the period covered by the DD Form 214.

5.  The applicant served more than one year of continues active duty service for the first time in his career.  He clearly distinguished himself by his conduct, efficiency, and fidelity as evidenced by the decorations and awards he received during that period and the absence of any discreditable information.  He earned and should be awarded the Army Good Conduct Medal.

6.  The applicant's DD Form 214 shows he is authorized the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) based on his previous award of the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal awarded by the Government of Kuwait.

7.  The above awards should be added to his 16 June 2004 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 10 February 2003 through 16 June 2004; and

	b.  amending his DD Form 214, for the period ending 16 June 2004, by – 

		(1)  deleting the Army Achievement Medal (2nd Award); and 

		(2)  adding the Bronze Star Medal, Army Achievement Medal (3rd Award),
Army Good Conduct Medal (1st Award), Combat Action Badge, and the Kuwait Liberation Medal (KLM-SA).




      ____________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)                                         AR20140007493





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ABCMR Record of Proceedings (cont)                                         AR20140007493



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