BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140008084 


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 that he be awarded the Army Good Conduct Medal (AGCM) and that his two awards of the Navy Sea Service Ribbon, his Naval Military Courses, and Sea Service be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he served during a qualifying period for award of the AGCM and he received two awards of the Sea Service Ribbon and attended military education courses in the Navy that are not reflected on his DD Form 214. 

3.  The applicant provides copies of his Army and Navy DD Forms 214 and a Wikipedia article regarding award of the AGCM.

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 served in the U.S. Navy from 25 September 1997 until 
24 November 2001.  His DD Form 214 issued at the time of his separation shows he was awarded the Sea Service Ribbon (2nd Award), Armed Forces Expeditionary Medal, North Atlantic Treaty Organization (NATO) Medal, Navy Unit Commendation, and Navy Good Conduct Medal (1st Award).  It also shows he attended two military courses in the Navy and was credited with 2 years, 
9 months, and 10 days of sea service.

3.  The applicant was serving in the California Army National Guard (CAARNG) when he was ordered to active duty on 16 February 2003 in support of Operation Enduring Freedom and Iraqi Freedom.

4.  On 2 June 2004, he was honorably released from active duty (REFRAD).  He had served 1 year, 3 months, and 17 days of active service and his DD Form 214 issued at the time of his REFRAD shows the award of the Sea Service Deployment Ribbon.  It does not show award of the AGCM or any military education course.

5.  A review of the available records failed to show any derogatory information that would serve to disqualify him for award of the AGCM (1st Award).

6.  By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, 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.  The period of service for the AGCM begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

7.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only sea service performed during the period covered by the DD Form 214 will be entered.  Additionally, only military education courses completed during the period of the DD Form 214 will be entered on that form.



DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the AGCM and his records contain no derogatory information that would serve to disqualify him for that award.  Accordingly, he should be awarded the AGCM (1st Award) for the period 16 February 2003 – 2 June 2004.

2.  The applicant was also awarded the Sea Service Deployment Ribbon (2nd Award) and is entitled to have that award added to his DD Form 214.

3.  The applicant’s contention that his sea service and military education courses from his service in the Navy should be added to his DD Form 214 has been noted.  The governing regulation provides that only sea service and military education courses completed during the period covered by the DD Form 214 will be entered on the DD Form 214.  Accordingly, there appears to be no basis to grant that portion of his request.

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:

* Deleting the award of the Sea Service Deployment Ribbon from his DD Form 214 dated 2 June 2004
* Awarding him the AGCM (1st Award) for the period 16 February 2003 –     2 June 2004
* Adding the awards of the Sea Service Deployment Ribbon (2nd Award) and AGCM (1st Award) to his DD Form 214 dated 2 June 2004

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 adding his sea service and Navy Military education courses to his Army DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


      __________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)                                         AR20140008084





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ABCMR Record of Proceedings (cont)                                         AR20140008084



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