BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011474 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: 23 June 2016 DOCKET NUMBER: AR20150011474 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 (AGCM) for the period 22 June 2008 to 23 June 2009 and b. adding the AGCM to his DD Form 214 ending on 23 June 2009. __________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: 23 June 2016 DOCKET NUMBER: AR20150011474 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 military records by showing he was awarded the Army Good Conduct Medal (AGCM) for the period 22 June 2008 to 23 June 2009. 2. The applicant states, in effect, that he is eligible to receive the AGCM based on his active duty service in support of Operation Iraqi Freedom during 2008 and 2009. 3. The applicant provides a copy of his DD form 214 (Certificate of Release or Discharge from Active Duty). 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. Records show the applicant was ordered to active duty as a member of the New Jersey Army National Guard (NJARNG) in support of Operation Iraqi Freedom. He served on active duty from 22 June 2008 to 23 June 2009. His DD Form 214 indicates that: a. his foreign service of 8 months and 27 days was entirely in Iraq from 3 September 2008 to 29 May 2009; and b. his awards and decorations included: * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal with bronze service star * Army Service Ribbon * Overseas Service Ribbon * Army Forces Reserve Medal with “M” Device REFERENCES: 1. 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). 2. Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 (Military Awards) for authorization to the 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: 1. The applicant contends that his military records should be corrected by showing he was awarded the AGCM for the period 22 June 2008 to 23 June 2009 based on his active duty service in support of Operation Iraqi Freedom during 2008 and 2009. 2. The available evidence shows that the applicant served a qualifying period of active duty service for award of the AGCM. 3. If the applicant believes he is authorized award of the ARCAM, he should contact his NJARNG unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011474 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011474 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2