BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150013100 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 BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150013100 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 24 January 2003 to 15 May 2004 and b. removing the Global War on Terrorism Expeditionary Medal from his 15 May 2004 DD Form 214 and adding the Army Good Conduct Medal (1st Award) and the Iraq Campaign Medal with two 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. BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20150013100 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 award of the Combat Action Badge and Army Good Conduct Medal. He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized the Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal. 2. The applicant states the Combat Action Badge and the Iraq Campaign Medal were not an option until after he was released from active duty; however, they can be awarded retroactively to 2003 for the war in Iraq. He states that being a Reservist, he does not believe the unit administrative section knew about the Army Good Conduct Medal; no one in his unit was issued this award for their active duty service. 3. The applicant provides no additional evidence. 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 requests award of the Combat Action Badge. The ABCMR operates under the procedures set forth in Army Regulation 15-185, which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies available to correct an alleged error or injustice. There is no evidence in his available record showing he exhausted his administrative remedies for award of the Combat Action Badge. Therefore, a separate instructional letter was sent to him concerning the proper procedures to apply for the Combat Action Badge. The Combat Action Badge will not be discussed further in these proceedings. 3. The applicant enlisted in the Iowa Army National Guard for 8 years on 13 February 1989. He completed training as a cannon fire direction specialist. He remained a member of the IAARNG through numerous extensions. 4. On 25 January 2003, Orders 025-183 were published ordering the applicant to active duty in support of Operation Enduring Freedom effective 27 January 2003. He arrived in Iraq on or about 20 April 2003. 5. The applicant departed Iraq for the continental United States on or about 14 March 2004. He was released from active duty on 15 May 2004. His DD Form 214 for this period of active service shows the following awards: * Army Commendation Medal * Army Achievement Medal * Army Reserve Components Achievement Medal (4th Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal * Armed Forces Reserve Medal with "M" Device * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon 6. A review of the applicant's records failed to reveal evidence of any court-martial convictions or records of nonjudicial punishment. REFERENCES: 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 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) 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. Although there is no automatic entitlement to the Army Good Conduct Medal, 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * For first award only, upon termination of active service, on or after 27 June 1950, of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty DISCUSSION: 1. There is no evidence in his record of any disciplinary actions that would justify disqualification for award of the Army Good Conduct Medal. The evidence indicates he met the criteria for the Army Good Conduct Medal (1st Award). 2. Regulatory guidance states that upon application, any eligible service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. The applicant's service in Iraq meets the criteria for award of the Iraq Campaign Medal with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013100 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013100 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2