RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 JANUARY 2006
DOCKET NUMBER: AR20050005678
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 |
| |Ms. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Rodney Barber | |Member |
| |Ms. Rea Nuppenau | |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 award of the Armed Forces Reserve Medal (AFRM).
2. The applicant believes he qualifies for the award of the AFRM because
he has in excess of 10 years of reserve service.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 28 February 1989, the date of his discharge. The
application submitted in this case is dated 14 April 2005.
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 show that he was appointed as a second
lieutenant in the United States Army Reserve (USAR) and entered active duty
on 6 July 1978. The applicant remained on active duty until his discharge
on 28 February 1989.
4. The applicant provided a copy of his DD Form 214 which shows he was
separated for the purpose of retirement. His character of service is
listed as Honorable. The applicant had previously served as an enlisted
member in the United States Navy. The applicant was credited with 10
years, 7 months, and
23 days of active Army service as a USAR Officer.
5. Army Regulation 600-8-22 (Military Awards), in pertinent part, provides
for award of the Armed Forces Reserve Medal. 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 Armed Forces Reserve Medal include
requirements for such service to be completed within 12 consecutive years
and 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.
DISCUSSION AND CONCLUSIONS:
The applicant’s records show that he served honorably as a USAR Officer for
a consecutive period in excess of 10 years from 6 July 1978 until
28 February 1989. Therefore, he is entitled to correction
of his records to show award of the AFRM.
BOARD VOTE:
__LS ___ __RB ___ __RN ___ 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 Department of the Army records of the
individual concerned be corrected by showing award of the AFRM.
_____ Linda Simmons_______
CHAIRPERSON
INDEX
|CASE ID |AR20050005678 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060112 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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