RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070006890 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

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 award of the Army Good Conduct Medal, the Army Service Ribbon, and the Parachutist Badge.

2.  The applicant states that he was eligible for these awards but they were never listed on his DD Form 214 (Report of Separation from Active Duty).

3.  The applicant provides a copy of his DD Form 214, dated 12 February 1979; a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 1 May 1986; and a copy of his Verification of Military Experience and Training (VMET), dated 1 January 2007, in support of his application.

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's records show that he enlisted in the U.S. Marine Corps (USMC) Reserve on 29 August 1978 and performed duties in military occupational specialty (MOS) 2531 (Field Radio Operator).  He was honorably released from an initial tour of active duty for training on 12 February 1979 and reverted back to his USMC Reserve status.

3.  On 24 January 1980, he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years as a Cadet in the Reserve Officer's Training Corps (ROTC).  However, on 10 March 1982, he was recommended for removal from the ROTC program and on 26 October 1980, he was disenrolled from the ROTC program and was assigned to the U.S. Army Control Group . 


4.  On 10 June 1985, he enlisted in the New York Army National Guard (NYARNG) and performed duties in MOS 75B (Personnel Administration Specialist).  He was honorably discharged on 9 June 1986.  The NGB Form 22 and the NGB Form 22A (Correction to the NGB Form 22) he was issued show that he completed 1 year with the NYARNG.

5.  On 19 June 1987, the applicant was relieved from his USAR unit at Fort Totten, New York, due to employment conflict, and was assigned to the USAR Control Group (Reinforcement).

6.  On 5 January 1987, he enlisted in the USAR for a period of one year.  He performed duties in MOS 02N (Piano Player) and was honorably discharged on 6 January 1988.

7.  The applicant's military records do not include orders awarding him the Good Conduct Medal or the Parachutist Badge.

8.  The applicant provided a copy of his Verification of Military Experience and Training (VMET), dated 1 January 2007.  This computer generated printout is sponsored by the Department of Defense to provide eligible service members a VMET document (DD Form 2586) on demand. The VMET data is a portion of a member's career history which comes from a large database built over the years. The data is received from the four service's official personnel and training systems.  This VMET occupational and training history data is matched to time-appropriate narrative descriptions to generate the VMET document.

9.  An advisory opinion was obtained in the processing of this case.  The Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended disapproval on the request to receive the Good Conduct Medal (2nd Award) since the applicant only served 10 months and 22 days [sic] with the Army National Guard as a Traditional Soldier (M-Day).  Traditional Soldiers are eligible to receive only the Army Reserve Components Achievement Medal and must have four continuous years of service.  The Chief also recommended disapproval on the request to receive the Army Service Ribbon since the applicant initially enlisted in the USMC and was eligible for award of the Marine Service Ribbon.  The Chief further recommended disapproval of award of the Parachutist Badge since the applicant did not provide documentary evidence to show he completed parachutist training in accordance with chapter 8 of Army Regulation 600-8-22 (Military Awards).  The Chief concluded that the applicant's name is not shown on the Army National Guard interactive Personnel Electronic Record Management System (iPERMS) because he is assigned to the Air National Guard. 
10.  The applicant was provided a copy of the advisory opinion on 14 November 2007.  He did not respond.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972, the medal has been authorized on completion of 4 years service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995).  Beginning on the effective date of this regulation, the period of qualifying service for award of the Army Reserve Components Achievement Medal is reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Army Reserve Components Achievement Medal.

13.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed 

proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army Good Conduct Medal, the Army Service Ribbon, and the Parachutist Badge.

2.  Evidence of record shows that the applicant was not a member of the Active Component or the Active Guard Reserve (AGR) serving on extended active duty for a period of three continuous years.  Therefore, he is not entitled to award of the Army Good Conduct Medal.  Additionally, he only served 1 year with the Army National Guard as a Traditional Soldier which was an insufficient period of service for award of the Army Reserve Components Achievement Medal.  Therefore, he is not entitled to that award.

3.  Evidence of record shows that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant did not have an active Army status after 1 August 1981.  Therefore, he is not entitled to award of the Army Service Ribbon.

4.  There is no evidence in the applicant's records that he satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or has participated in at least one combat parachute jump.  The applicant's records do not contain Permanent Orders awarding him the Parachutist Badge.  Therefore, he is not entitled to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jlp___  __dws___  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.



							William D. Powers
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070006890
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.