IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019472 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019472 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Action Badge to his DD Form 214 for the period ending 18 July 2012. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 19 September 2018 DOCKET NUMBER: AR20160019472 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: * National Defense Service Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * Iraq Campaign Medal (2nd Award) * Overseas Service Bar * Combat Action Badge 2. The applicant states, in effect, his DD Form 214 is incorrect. 3. The applicant provides: * DD Form 214 * a memorandum * Orders 097-002 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. Having no prior service, the applicant entered active duty as a member of the U.S. Army Reserve (USAR) on 2 September 2003. He was honorably released from active duty training on 31 March 2004. The DD Form 214 he was issued shows he was awarded the Army Service Ribbon. 3. The applicant was ordered to active duty in support of Operation Iraqi Freedom and entered active duty as a member of the USAR on 30 October 2004. He served in Kuwait/Iraq for the period 27 December 2004 to 2 December 2005. He was honorably released from active duty upon the completion of his active duty service on 29 December 2005. The DD Form 214 he was issued shows he was awarded the: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Iraq Campaign Medal * Global War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon * Overseas Service Ribbon * Driver and Mechanic Badge with Driver-W Bar 4. The applicant enlisted in the Army National Guard (ARNG) on 14 April 2007. The applicant was ordered to active duty in support of Operation Iraqi Freedom and entered active duty as a member of the ARNG on 3 August 2008. He served in Iraq for the period 25 September 2008 to 23 July 2009. He was honorably released from active duty upon the completion of his active duty service on 1 September 2009. The DD Form 214 he was issued shows he was awarded the: * Iraq Campaign Medal with 2 campaign stars * Air Medal * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Armed Forces Reserve Medal with "M" Device * Driver and Mechanic Badge with Driver-W Bar 5. The applicant was ordered to active duty in support of Operation Enduring Freedom and entered active duty as a member of the ARNG on 21 April 2011. He served in Afghanistan for the period 23 June 2011 to 12 April 2012. He was honorably released from active duty upon the completion of his active duty service on 18 July 2012. The DD Form 214 he was issued shows he was awarded the: * Basic Aviation Badge * Iraq Campaign Medal with 3 campaign stars * Air Medal (2nd Award) * Army Commendation Medal (3rd Award) * Army Good Conduct Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Afghanistan Campaign Medal with 2 campaign stars * Global War on Terrorism Service Medal * Humanitarian Service Medal * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Armed Forces Reserve Medal with "M" Device * North Atlantic Treaty Organization Medal * Driver and Mechanic Badge with Driver-W Bar 6. The applicant was honorably released from the ARNG on 1 October 2013 in order to become a member of the USAR, Individual Ready Reserve and complete his statutory obligation. 7. The applicant provides: a. A memorandum from the Commander, Charlie Company (Air Ambulance), 2nd Battalion, 211th Aviation Regiment dated 30 May 2009, which states the applicant served in Iraq for the period 4 August 2008 to 1 August 2009 and was entitled to wear the: * National Defense Service Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * Iraq Campaign Medal (2nd Award) * Overseas Service Bar b. Orders 097-002 issued by the 25th Combat Aviation Brigade on 6 April 2012 awarded him the Combat Action Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. 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. c. 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). d. Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal. It states when a qualifying period of Troop Program Unit 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 Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized. The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal. However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal. Enlisted Soldiers ordered to active duty for 365 days or more will be awarded the Army Reserve Components Achievement Medal if they complete 2 of the 3 years of qualifying service requirement. These changes are retroactive to 11 September 2001. e. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). 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. The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. Approved campaigns are: * 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) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 2. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. DISCUSSION: 1. Evidence shows the applicant did not serve a qualifying period for award of the National Defense Service Medal (2nd Award). Having no prior service, the applicant entered active duty as a member of the USAR on 2 September 2003, which entitles him to one National Defense Service Medal. 2. The applicant did not meet the requisite amount of time to qualify for award of the Army Good Conduct Medal (2nd Award). 3. The applicable regulation states only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 4. Army Regulation 670-1, the governing Army regulation, states the Overseas Service Bar is an item for wear on the uniform. Therefore, he is not eligible for correction of his DD Form 214 to show the Overseas Service Bar. 5. Orders 097-002 awarded him the Combat Action Badge, which is not listed on his DD Form 214 for the period ending 18 July 2012. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019472 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019472 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2