RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 August 2007
      DOCKET NUMBER:  AR20070002345


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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, in effect, award of the Armed Forces Medal
(correctly known as the Armed Forces Reserve Medal) (AFRM).

2.  The applicant states that he believes he is entitled to the AFRM since
his military service started from 21 February 1936 and ended on 22 May
1980.  He also served on active duty from 16 September 1940 through January
1946.  He states that he believes the failure to award this medal was an
oversight.

3.  The applicant provides a copy of an undated retirement letter and a
copy of retirement orders from the Department of the Army, Office of the
Adjutant General, U.S. Army Reserve Components Personnel and Administration
Center, placing him on the retired list.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 22 May 1980, the date of his retirement from the United
States Army Reserve (USAR).  The application submitted in this case is
dated 6 February 2007.

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 record shows that he enlisted in the National Guard of
the United States (NGUS) on 21 February 1936 and that he served in that
component in an enlisted status for 6 years, 1 month, and 23 days until
being honorably discharged on 14 April 1942, for the purpose of accepting
an appointment as a commissioned officer.

4.  On 15 April 1942, he was commissioned a second lieutenant in the Army
of the United States, and he served in that status until 22 May 1980, at
which time he retired in the rank of colonel.

5.  The applicant's record includes a Chronological Statement of Retirement
Points, dated 8 November 1979, which confirms that during the period he
served in the NGUS and the United States Army Reserve (USAR) between 21
February 1936 and 23 June 1975, he was credited with 3666 retirement
points, and credited with 30 years, 4 months, and 10 days of military
service qualifying for retirement.

6.  The applicant’s records include a copy of Special Orders Number 1,
Headquarters, 5139th Logistical Command (A) (RTU), Chicago, Illinois, dated

1 April 1969, which shows in Section I he was awarded the Armed Forces
Reserve Medal for the 10 year period ending on 13 January 1946.  Section II
of the same orders show that he was awarded the AFRM (First 10-Year Device)
for a period of 20 years ending on 13 January 1956.  Section III of the
same orders show that he was awarded the AFEM (Second Ten-Year Device) for
completing 30 years of service on 13 January 1966.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 5-7 contains guidance on award of the AFRM.  It states,
in pertinent part, that it is authorized for honorable and satisfactory
service as a member or former member of one or more of the Reserve
Component of the Armed Forces of the United States, including the Coast
Guard Reserve and the Marine Corps Reserve, for a period of 10 years of
service performed within a period of 12 consecutive years.  It further
stipulates that for each year of active or inactive status honorable
service prior to 1 July 1949 in any Reserve Component will be credited
toward award.  However, for service performed on or after 1 July 1949, a
member must accumulate, during each anniversary year, a minimum of
50 retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the AFRM and the supporting
documents he submitted were carefully considered.  However, there is
insufficient evidence to support granting the requested relief.

2.  By regulation, in order to receive credit for award of the AFRM for
service performed on or after 1 July 1949, a member must accumulate, during
an anniversary year, a minimum of 50 retirement points.  In this case, the
applicant's record confirms that during his NGUS and USAR service from 21
February 1936 through 13 June 1966, he was awarded three AFRMs.  During the
period
14 June 1966 and until he was placed in retired status on 23 June 1975, he
failed to earn the necessary 50 retirement points during two of those years
he served in
the USAR.  Therefore, he did not meet the 10-year qualifying year
requirement necessary to support award of the AFRM.  As a result, there is
an insufficient evidentiary basis to support granting the requested relief
for an additional AFEM.

3.  The record confirms the applicant is entitled to the AFRM, the AFRM
with First Ten-Year Device, and the AFRM with Second Ten-Year Device.  The
omission of these awards from his records is an administrative matter that
does not require Board action.  As a result, the Case Management Division
(CMSD), St Louis, Missouri will be requested to make the necessary
corrections as outlined in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1980, the date of his discharge
from the USAR.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 21 May 1983.  He failed to
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

__MJF __  ___LWR_  ___DWS_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___________________________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of AFRM, the AFRM with First Ten-Year Device, and
the AFRM with Second Ten-Year Device.


3.  The Board further determined that 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
award of any additional AFRMs.




                            __ _Donald W. Steenfott___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070002345                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/14                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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