IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014577 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: 1 December 2016 DOCKET NUMBER: AR20150014577 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 the applicant the Army Good Conduct (1st Award) for the period 15 May 2008 through 21 May 2009 * adding to the applicant's DD Form 214 for the period ending 21 May 2009 the Army Good Conduct Medal (1st Award) and the Bronze Star 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. IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014577 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 award of the Bronze Star Medal. 2. The applicant states the award was omitted. 3. The applicant provides his DD Form 214. 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 (USAR) on 29 January 2005. He was trained in and held military occupational specialty 92Y (Unit Supply Specialist). 3. He was ordered to active duty on 15 May 2008 in support of Operation Iraqi Freedom. He served in Iraq from 13 July 2008 to 28 April 2009. He was promoted to sergeant (SGT)/E-5 in October 2008. 4. He was honorably released from active duty on 21 May 2009. He completed 1 year and 7 days of active service, of which 9 months and 16 days was foreign service. He was awarded or authorized the: * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with campaign star * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with "M" Device 5. Permanent Orders (PO) Number 239-030, issued under the authority of the Deputy Commanding General of a Joint Task Force in Iraq on 27 August 2009, awarded him the Bronze Star Medal for service from 22 July 2008 to 15 March 2009. 6. His records do not contain orders awarding him the Army Good Conduct Medal. There is also no record of any derogatory information or actions that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 of more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 2. 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). DISCUSSION: 1. PO awarded the applicant the Bronze Star Medal. This award is not listed on his DD Form 214. 2. The applicant appears to have met the criteria for award of the Army Good Conduct Medal (1st Award) – * he mobilized and served honorably on active duty for a period of 1 year and 7 days * he served in a combat theater, attained the rank/grade of SGT/E-5, and was awarded the Bronze Star Medal * he had no derogatory information that would have disqualified 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) AR20150014577 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014577 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2