RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060014885
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. Gerard W. Schwartz
Acting Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas H. Ray
Member
Ms. Rea M. 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 14 December 1985 to show award of the National Defense Service Medal, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and New Jersey Good Conduct Ribbon 2nd Award.
2. The applicant states, in effect, that at the time his DD Form 214 was prepared his NGB Form 22 (Report of Separation and Record of Service) was not available to show he had additional military awards to add to his DD Form 214. He states that he was told by an official that he could submit the document later.
3. The applicant provides his NGB Form 22 with the ending period 3 November 2002.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 14 December 1985. The application submitted in this case is dated 13 October 2006.
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 applicants failure to timely file.
3. The applicant enlisted in the New Jersey Army National Guard (NJARNG) on 3 July 1985 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 63B (Light Wheel Vehicle/Power Generator Mechanic).
4. A DD Form 214 with the ending period 14 December 1985 shows that the applicant was awarded the Army Service Ribbon.
5. On 3 November 2002, the applicant was honorably discharged from the NJARNG. His NGB Form 22 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Achievement Medal 2nd Award, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and New Jersey Good Conduct Ribbon 2nd Award.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the National Defense Service Medal, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and the New Jersey Good Conduct Ribbon 2nd Award should be added to his DD Form
214 with the ending period 14 December 1985. However, he may be authorized the above mentioned awards, but it would be for service outside the period covered by the DD Form 214 and therefore are not authorized to be entered on his DD Form 214.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1985; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
13 December 1988. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM __ __THR __ ___RMN_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
_____John T. Meixell _
CHAIRPERSON
INDEX
CASE ID
AR20060014885
SUFFIX
RECON
DATE BOARDED
17 APRIL 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES 1.
107.0069.0000
2.
107.0000.0000
3.
4.
5.
6.
ARMY | BCMR | CY2013 | 20130003654
The applicant requests, in effect, correction of items 12c (Net Active Service This Period) and 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 6 March 2004, to show his correct net service time and all of his awards. The applicant provides: * 1982 DD Forms 1966/1 (Application for Enlistment Armed Forces of the United States) and 1966/7 and 1966/8...
ARMY | BCMR | CY2009 | 20090021141
The applicant requests that his discharge with severance pay be changed to a medical retirement, that he be shown to be entitled to Combat Related Special Compensation (CRSC), and that his award of the Army Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant provides copies of 2nd Armored Division General Order Number 1719, a 23 December 1971 DD Form 214, a 23 May 1985 National Guard Bureau (NGB) Form 22 (Report...
ARMY | BCMR | CY2011 | 20110002688
The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 December 1991: * New Jersey Distinguished Service Award * Grenade launcher badge * .50 caliber machine gun 1st Class Badge (now known as the Sharpshooter Marksmanship Qualification Badge) * Cold War Recognition Certificate * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Government of Kuwait 2. As a result, the Board...
ARMY | BCMR | CY2013 | 20130014158
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 19 July 2009, to show award of the Bronze Star Medal. His DA Form 2166-8 for the period June 2008 to June 2009 also stated he was awarded the Bronze Star Medal for exceptional meritorious service during his Operation Iraqi Freedom deployment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the...
ARMY | BCMR | CY2002 | 2002078724C070215
The applicant states he was discharged from the US Army Reserve (USAR) and was not provided the opportunity to transfer to the Retired Reserve. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20...
ARMY | BCMR | CY2015 | 20150004375
The applicant provides: * DD Form 214 ending on 27 February 2007 * DD Form 215 (Correction to DD Form 214) * Listing of Iraq/Afghanistan Campaign Medals and designated phases * TDRL retirement orders * PDRL retirement orders * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * 2005 mobilization orders * 2007 release from active duty orders COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. It provides a brief, clear-cut record of active duty service at the time of release from active...
ARMY | BCMR | CY2013 | 20130012192
The applicant's complete military records are not available to the Board for review. c. NGB Form 22 that shows he enlisted in the NJARNG on 27 August 1968 and was separated on 5 March 1976. f. Letter from the NJARNG to a Member of Congress, dated 20 March 2013, advising him that based on the documents the applicant submitted, the NJARNG determined he completed 18 years and 11 months of military service.
ARMY | BCMR | CY2014 | 20140002873
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), New Jersey Distinguished Service Medal, and New Jersey Vietnam 25th Anniversary Commemorative Medal. The applicant provides: * BSM award certificate * citation for the New Jersey Distinguished Service Medal * certificate for the New Jersey Vietnam 25th Anniversary Commemorative Medal * Honorable Discharge Certificate from the...
ARMY | BCMR | CY2013 | 20130021077
The applicant requests, in effect, correction of the entries in item 12d (Total Prior Active Service) of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 24 August 1987 and 23 June 1988. It stated that personnel officers were to use any available records to complete the DD Form 214. The record clearly shows that the applicant had active service prior to serving as an AGR Soldier from 6 June 1986 to 24 August 1987.
ARMY | BCMR | CY2003 | 2003085986C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Accordingly, the applicant was discharged under other than honorable conditions on 7 October 1987 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.