RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20040011749


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Michael J Fowler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the
Armed Forces Reserve Medal with Hourglass.

2.  The applicant makes no additional statement.

3.  The applicant provides a NGB Form 22 (Report of Separation and Record
of Service), dated 19 February 1999; a NGB Form 22A (Correction to NGB Form
22), dated 1 July 2003; and a NGB Form 23B (Army National Guard Retirement
Points History Statement), dated 10 January 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 February 1999.  The application submitted in this case is
dated 25 December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of his NGB Form 22 and NGB Form 23B.

4.  The applicant's NGB Form 22 with the ending period 19 February 1999
shows he enlisted in the Army National Guard on 20 November 1986.  He was
honorably separated from the Maryland Army National Guard (MDARNG) on
19 February 1999, after completing 12 years and 3 months of total service
for pay.

5.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and
Campaigns Ribbons Awarded this Period) shows the applicant was awarded the
Maryland State Service Medal, the Noncommissioned Officer Professional
Development Ribbon, the Army Reserve Components Achievement Medal, and the
Army Reserve Components Overseas Training Ribbon.

6.  The applicant provided a NGB Form 23B that shows he has 12 years of
creditable service for retirement pay and 941 total points for retirement
pay.

7.  Army Regulation 600-8-22 (Military Awards), as amended by Military
Personnel Message Number 96-196, provides for award of the Armed Forces
Reserve Medal (AFRM).  It is awarded for honorable and satisfactory service
as a member of one or more of the Reserve Components of the Armed Forces of
the United States for a period of 10 years.  The conditions for award of
the AFRM require that a minimum of 50 retirement points be earned for each
of the 10 qualifying years and that the qualifying service be completed
within 12 consecutive years.  Service in a regular component of the Armed
Forces, tenure in elected state office, tenure as a member of a legislative
body of the United States or a state, and service as a judge of a court of
record of the United States, a state or territory or District of Columbia
is excluded from credit toward this award but does not constitute a break
in service.  The Ten-year Device (hourglass with Roman numeral “X”) is
authorized for wear on the AFRM to denote each succeeding 10-year period of
Reserve Component service as follows:  The first 10 year period is denoted
by a bronze hourglass; the second    10 year period by a silver hourglass;
and the third 10 year period by a gold hourglass.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant met the eligibility criteria for award of the
Armed Forces Reserve Medal with bronze hourglass.  This award should be
added to his NGB Form 22 with the period ending 19 February 1999.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 February 2002.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

_ PMS __  _ _ YM __  __ LGH _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Maryland Army National Guard and
Department of the Army records of the individual concerned be corrected by
showing he is eligible for the award of the Armed Forces Reserve Medal with
bronze hourglass.




                            ____Mr. Paul M. Smith  _
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011749                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0076.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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