IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012560 BOARD VOTE: ___x_____ ___x___ ____x ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012560 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for service from 15 August 2003 through 1 November 2004 * deleting from his DD Form 214 the Global War on Terrorism Expeditionary Medal * adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Combat Action Badge, the Overseas Service Ribbon, and the Iraq Campaign Medal with 2 bronze service stars _____________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. IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012560 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: * Combat Action Badge * Iraq Campaign Medal * Army Good Conduct Medal 2. The applicant states he recently acquired the paperwork that shows he was awarded the Combat Action Badge. He also knows the Iraq Campaign Medal is authorized in lieu of the Global War on Terrorism Expeditionary Medal. He should be eligible for the Good Conduct Medal because he was medically retired. 3. The applicant provides: * DD Form 214 * Permanent Orders (PO) 06-086-00068, dated 27 March 2006 * DA Form 4187 (Personnel Action), recommendation for the Combat Action Badge * Combat Action Badge narrative 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 U.S. Army Reserve on 12 October 2001. He held military occupational specialty 88M (Motor Transport Operator). 3. He was ordered to active duty on 15 August 2003 and subsequently served in Kuwait/Iraq from 17 September 2003 to 5 August 2004, a period of 10 months and 19 days. He was assigned to the 401st Transportation Company. 4. He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 1 November 2014 and returned to his Reserve unit. He completed 1 year, 2 months, and 17 days of active service. His DD Form 214 shows he was awarded or authorized the: * Purple Heart * National Defense Service Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Overseas Service Bar (2nd Award) 5. PO Number 06-086-00068, issued by Headquarters, 88th Regional Readiness Command, Fort Snelling, MN, on 27 March 2006 awarded him the Combat Action Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The area of eligibility (AOE) encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * 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) b. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. d. 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 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 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 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 Army Good Conduct Medal 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). e. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. f. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. 2. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. It states for item 13, enter all awards, decorations, and badges. DISCUSSION: 1. PO awarded him the Combat Action Badge. 2. He served in Kuwait/Iraq from 17 September 2003 to 5 August 2004. He qualifies for and requested award of the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. He is also eligible for two bronze service stars for his participation in the Transition of Iraq (2 May 2003 -28 June 2004) and Iraqi Governance (29 June 2004 - 15 December 2005) campaigns. Based on completion of a short tour, he meets the regulatory criteria for award of the Overseas Service Ribbon. 3. He meets the criteria for award of the Army Good Conduct Medal and its addition to his DD Form 214. * he was mobilized in support of Operation Iraqi Freedom * he completed 1 year, 2 months, and 17 days of continuous active service * there is no derogatory information in his record that would disqualify him from receiving this award //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012560 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012560 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2