IN THE CASE OF:	   

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140015109 


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) for the period ending 30 June 2004 to show the:

*	Combat Action Badge (CAB)
* Army Commendation Medal (ARCOM)
* Bronze Star Medal (BSM) with "V" Device 

2.  The applicant states these awards are not reflected on his DD Form 214

3.  The applicant provides permanent orders awarding him the CAB, ARCOM, and BSM with "V" Device.

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 Tennessee Army National Guard (TNARNG) on 19 October 1994 and served as a motor transport operator.  On 10 February 2003, he was ordered to active duty in support of Operation Enduring Freedom (OEF).

3.  On 30 June 2004, he was honorably released from active duty.  He served for 1 year, 4 months, and 21 days of creditable active duty service.

4.  His Official Military Personnel File shows:

	a.  Permanent Orders 205-07, issued by Headquarters, 377th Theater Support Command, Kuwait, awarded him the BSM with "V" Device for the period 17 -18 April 2004.

	b.  Permanent Orders 121-081, issued by Headquarters 230th Sustainment Brigade, Chattanooga, TN, awarded him the ARCOM for the period 10 February 2003 to 27 May 2004.

5.  His DD Form 214 shows award of the:

*	Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon (Primary Level)
* Army Service Ribbon
* Armed Forces Reserve Medal with  “M” Device
* Sea Service Deployment Ribbon
* Driver and Mechanic Badge with Wheeled Vehicle Clasp

6.  The applicant provides Permanent Orders 180-040, issued by the Joint Forces Headquarters, TNARNG, dated 29 June 2006, awarding him the CAB for the period 14 April 2004 for exemplary service during hostile action against the war on terrorism.

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

	a.  The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940

* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the U.S. who have participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.

8.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal (ARCAM).  It states when a qualifying period of TPU service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the ARCAM will not be lost and will continue to count toward award of the ARCAM once personnel are no longer activated/mobilized.  The period of service used to award the AGCM cannot be used toward of the ARCAM.  However, periods of active duty that do not meet the eligibility requirement for award of the AGCM may be used for award of the ARCAM.  Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the ARCAM if they complete 2 of the 3 years of qualifying service requirement.  These changes are retroactive to 11 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the BSM with "V" Device, ARCOM, and CAB.  In addition, he served a qualifying period for award of the GWOTSM.  These awards should be added to his DD Form 214.

2.  It is noted for the applicant's information that he may have been eligible for award of the AGCM for his period of mobilization in 2003-2004.  However, there is no available evidence of record showing he was recommended for or awarded this medal, or that he declined to have his ARCAM awards adjusted to permit an award of the AGCM.  




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 adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Combat Action Badge
* Global War on Terrorism Service Medal




      _______ _   _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)                                         AR20140015109





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ABCMR Record of Proceedings (cont)                                         AR20140015109



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