IN THE CASE OF:	

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140012098 


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 the Army Commendation Medal and two awards of the Army Achievement Medal.

2.  The applicant states the awards were omitted from her DD Form 214 before she left service.  This was a clerical error. `

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award) and Permanent Orders (PO) Number 026-115, Army Commendation Medal
* DA Form 638 and PO Number 308-12, Army Achievement Medal
* DA Form 638 and PO Number 328-005, Army Achievement Medal 

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's records show she enlisted in the Regular Army on 21 August 2001 and she held military occupational specialty 55B (Ammunition Specialist). She served in Kuwait/Iraq from 26 April 2003 to 8 July 2004, a period of 1 year, 2 months, and 13 days.

3.  She was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 30 November 2004.  She completed 3 years, 3 months, and 3 days of active service, with no lost time, and she was fully eligible to reenlist.  Her DD Form 214 shows she was awarded or authorized the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Service Ribbon

4.  She provides the following DA Form 638 and corresponding certificates: 

	a.  PO Number 026-115, issued by Headquarters, 2nd Armored Cavalry Regiment, Fort Polk, LA, on 26 January 2004, awarding her the Army Commendation Medal for service from 25 April 2003 to 14 April 2004.

	b.  PO Number 026-115, issued by Headquarters, Supply and Transport Troop, Regimental Support Squadron, 2nd Armored Cavalry Regiment, Fort Polk, LA, awarding her the Army Achievement Medal for service from 16 April 2004 to 28 July 2004.  The certificate is not signed by the approval authority; however, the DA Form 638 is signed by the Squadron Commander, a lieutenant colonel. 

	c.  PO Number 328-005, issued by U.S. Army Garrison Command, Fort Polk, LA, on 24 December 2003, awarding her the Army Achievement Medal for achievement from 1 January to 30 May 2003.

5.  Her records also do not contain official orders awarding her the Army Good Conduct Medal.  Additionally, a review of her record shows no derogatory information or a commander's disqualification that would preclude awarding the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all Soldiers are eligible for the award for successful completion of overseas tours.

8.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal and two awards of the Army Achievement Medal.  None of these awards is shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show these awards. 

2.  The applicant served honorably on active duty from 21 August 2001 to 30 November 2004.  She completed 3 years, 3 months, and 3 days of active service, with no lost time, and she was fully eligible to reenlist.  Her service records contain no derogatory information that would have disqualified her from receiving her first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award her the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correcting her DD Form 214 to show this award.

3.  She completed 1 year, 2 months, and 13 days of foreign service in Kuwait/Iraq.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Therefore, she is entitled to award of the Overseas Service Ribbon and correction of her DD Form 214 to show this award. 

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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 21 August 2001 through 20 August 2004
* adding to her DD Form 214 the Army Good Conduct Medal (1st Award), Army Commendation Medal, Army Achievement Medal (2nd Award), and Overseas Service Ribbon 



      ____________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)                                         AR20140012098





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ABCMR Record of Proceedings (cont)                                         AR20140012098



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