IN THE CASE OF:	  

		BOARD DATE:	  24 January 2011

		DOCKET NUMBER:  AR20100016271 


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 Army Good Conduct Medal (AGCM) and the National Defense Service Medal (NDSM).

2.  The applicant states she believes she was overlooked for these awards because she transferred units.

3.  The applicant does not provide any additional documents.

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 October 1975, she attended 3 months and 17 days of initial active duty for training (IADT), she 

was transferred from her troop program unit to the USAR Control Group (Reinforcement) on 1 April 1979, and she was honorably discharged from the USAR on 28 October 1981.

3.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

4.  Army Regulation 600-8-22, paragraph 2-10b(1), further states that Army National Guard and USAR personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the NDSM.

5.  Army Regulation 600-8-22 states 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 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 AND CONCLUSIONS:

1.  Unfortunately, since the applicant did not serve on active duty other than her IADT, she is not entitled to the AGCM or the NDSM.

2.  In view of the foregoing, there is no basis for granting the applicant’s requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20100016271



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ABCMR Record of Proceedings (cont)                                         AR20100016271



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