BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000925 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: 30 May 2017 DOCKET NUMBER: AR20160000925 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 October 2005 by adding the Army Good Conduct Medal (1st Award) and Army Commendation 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000925 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) for the period ending 27 October 2005 to show the Army Good Conduct Medal (1st Award), Army Commendation Medal, and all other awards he is entitled to receive. 2. The applicant states these awards are not listed on his DD Form 214. 3. The applicant provides his DD Form 214 for the period ending 27 October 2005, a DD Form 215 (Correction to DD Form 214), and certificates for award of the Army Good Conduct Medal and Army Commendation Medal. 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 Tennessee Army National Guard (TNARNG) on 30 August 1996. He served on active duty for training from 31 October 1996 to 8 April 1997. The DD Form 214 issued for this period of service shows the Army Service Ribbon. He was honorably released from the TNARNG on 29 August 2002 and transferred to the U.S. Army Reserve Control Group (Reinforcement). 3. He enlisted in the TNARNG again on 2 November 2002. He was ordered to active duty on 11 June 2004 in support of Operation Iraqi Freedom and subsequently served in Kuwait/Iraq from 26 November 2004 to 7 October 2005. 4. He was released from active duty on 27 October 2005 and transferred back to the TNARNG. The DD Form 214 issued for this period does not list any awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)). 5. He provided a certificate that shows Permanent Order Number 305-069, dated 30 November 2005, issued by the Regimental Support Squadron, 278th Regimental Combat Team, awarded him the Army Good Conduct Medal for the period 11 June 2004 to 30 November 2005. 6. A DD Form 215 shows his 27 October 2005 DD Form 214 was amended to add the following awards: * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Overseas Service Bar * Army Reserve Components Achievement Medal * Global War on Terrorism Service Medal * Iraq Campaign Medal 7. He provided a certificate that shows Permanent Order Number 254-001, dated 11 September 2006, issued by the 278th Cavalry Brigade Combat Team awarded him the Army Commendation Medal for meritorious service from 1 January to 1 July 2005. 8. Orders published on 9 November 2007 honorably discharged him from the TNARNG and as a Reserve of the Army, effective 30 November 2007. 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. 2. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. The applicant provided a certificate that shows permanent orders awarded him the Army Good Conduct Medal. This award is not listed on his DD Form 214 for the period ending 27 October 2005. 2. The applicant also provided a certificate that shows permanent orders awarded him the Army Commendation Medal. This award is not listed on his DD Form 214 for the period ending 27 October 2005. 3. The evidence of record does not indicate the applicant is eligible for any additional awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000925 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000925 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2