BOARD DATE:	 26 May 2015	

		DOCKET NUMBER:  AR20140015429 


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 the following awards and training be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Army Achievement Medal (3rd Award)
* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Expert Infantryman Badge
* Parachutist Badge
* "Combat Life Saver"

2.  The applicant states the above awards and training were omitted from his DD Form 214.

3.  The applicant provides three Army Achievement Medal Certificates, an Army Commendation Medal Certificate, orders and a certificate for the Expert Infantryman Badge, Airborne Course diploma, orders for the Parachutist Badge, and his Jump Record. 

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 on active duty in the Regular Army from 14 September 2000 through 13 September 2004.

3.  The applicant's records contain certificates of completion for the following courses –

* U.S. Army Infantry School Airborne Course, April 2001, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Regimental Orientation Program, June 2003, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Combat Lifesaver Course, August 2001, 1 week 
* 3rd U.S. Infantry (The Old Guard) Regimental Drivers Training Course, 6 June 2003, 1 week

5.  His record contains orders for the following awards he received while on active duty –

* Army Commendation Medal, 2004
* Army Achievement Medal (3rd award), 2001, 2002, 2003 
* Expert Infantryman Badge, 2002
* Parachutist Badge, 2001

6.  His DD Form 214 shows he was released from active duty as a sergeant 
(E-5).  It lists his awards as the Army Achievement Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.  It shows his education as the 11B (Infantryman) military occupational specialty (MOS) training and the Primary Leader Development Course.

7.  The applicant enlisted in the Army National Guard and was called to active duty for the period from 1 October 2005 through 29 August 2007.  He served in Iraq from 28 March 2006 through 18 July 2007.

8.  The record contains orders for the following awards during this period –

* Bronze Star Medal, 2007
* Purple Heart, 2006
* Iraq Campaign Medal, 2006
* Global War on Terrorism Service Medal, 2006
* Armed Forces Reserve Medal with "M" Device, 2006
* Overseas Service Ribbon, 2007
* Combat Infantryman Badge, 2006
* Driver and Mechanic Badge with Driver – W Bar, 2007

8.  His 29 August 2007 DD Form 214 provides the following:

   a.  his awards as the –

* Bronze Star Medal
* Purple Heart
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Global War On Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Combat Infantryman Badge
* Driver And Mechanic Badge with Driver - Wheeled Vehicle  Clasp

b.  no military education was completed during this period.

9.  The record contains no evidence of any negative comments or disciplinary actions.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states at:

   a.  item 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized), to list awards and decorations for all periods of service in the priority sequence.
   
   b  item 14 (Military Education) to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

11.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.  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 Good Conduct Medal, disqualification must be justified.
   
   b.  Award of the Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to 31 December 2011.  Campaign service stars are authorized the following campaign periods –
   
* Liberation of Iraq: 19 March 2003 - 1 May 2003 
* Transition of Iraq: 2 May 2003 - 28 June 2004
* Iraqi Governance: 29 June 2004 - 15 December 2005
* National Resolution: 16 December 2005 - 9 January 2007
* Iraqi Surge: 10 January 2007 - 31 December 2008
* Iraqi Sovereignty: 1 January 2009 - 31 August
* New Dawn: 1 September 2010 - 31 December 2011

DISCUSSION AND CONCLUSIONS:

1.  During the applicant's first period of active duty service he completed basic training and MOS training.  Additionally he completed the following courses that are not included on his DD Form 214 –

* U.S. Army Infantry School Airborne Course, April 2001, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Regimental Orientation Program, June 2003, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Regimental Drivers Training Course, June 2003, 1 week
* 3rd U.S. Infantry (The Old Guard) Combat Lifesaver Course, August 2001, 1 week 

2.  The above courses are not strictly combat arms courses and it would be appropriate to record them in item 14 of his DD Form 214 for the period ending 13 September 2004.

3.  The applicant's 13 September 2004 DD Form 214 omits the Army Commendation Medal, Army Achievement Medal (3rd award), Expert Infantryman Badge, and Parachutist Badge.  It would be appropriate to include these awards and badges on his 13 September 2004 DD Form 214.

4.  The applicant's 29 August 2007 DD Form 214 also omits his award of the Army Commendation Medal, Army Achievement Medal (3rd award), Expert Infantryman Badge, and Parachutist Badge.  It would be appropriate to include them on his 29 August 2007 DD Form 214.

5.  The applicant's records contain no evidence of any disqualifying actions that would prevent him from being awarded the Army Good Conduct Medal.  He distinguished himself as demonstrated by his service in The Old Guard, his personal decorations, and his advancement to pay grade E-5.  It would be appropriate to award the applicant the Army Good Conduct Medal for his period of service from 14 September 2000 to 13 September 2003.

6.  The applicant did not serve on active duty for a second consecutive 3-year period to qualify for a second Army Good Conduct Medal.

8.  The applicant served in Iraq from during one campaign period, National Resolution (16 December 2005 – 9 January 2007).  As such he is entitled to wear one bronze service star on his Iraq Campaign Medal.  It would be appropriate to correct his 29 August 2007 DD Form 214 to show this entitlement.

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 the applicant the Army Good Conduct Medal for the period 14 September 2000 to 13 September 2003;
   b.  deleting the Army Achievement Medal (2nd award) from his 13 September 2004 DD Form 214; 
   
   c.  adding to his 13 September 2004 DD Form 214 at:
   
   	(1) item 13, the following awards –
   
* Army Commendation Medal
* Army Achievement Medal (3rd award)
* Army Good Conduct Medal
* Expert Infantryman Badge
* Parachutist Badge

(2) item 14, the following courses –

* U.S. Army Infantry School Airborne course, April 2001, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Regimental Orientation Program, June 2003, 3 weeks
* 3rd U.S. Infantry (The Old Guard) Regimental Drivers Training course, June 2003, 1 week
* 3rd U.S. Infantry (The Old Guard) Combat Lifesaver Course, August 2001, 1 week 

   d.  adding to his 13 September 2004 DD Form 214 at:
   
   	(1) item 13, the following awards –
   
* Army Commendation Medal
* Army Achievement Medal (3rd award)
* Good Conduct Medal
* Iraq Campaign Medal with 1 bronze service star
* Expert Infantryman Badge
* Parachutist Badge
* Driver And Mechanic Badge with Driver – W Bar 







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 award of a second Army Good Conduct 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)                                         AR20140015429



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ABCMR Record of Proceedings (cont)                                         AR20140015429



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