RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	3 April 2008  
	DOCKET NUMBER:  AR20070010373 


	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.


x

	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, that the already-awarded the Army Achievement Medal, the Armed Forces Reserve Medal, the Army Reserve Component Achievement Medal, and the Joint Meritorious Unit Award be added to his DD Form 214.  The applicant further requests that the Noncommissioned Officer Professional Development Ribbon be awarded to him and added to his DD Form 214, Certificate of Release or Discharge from Active Duty, with an effective date of release from active duty of 8 July 1991.

2.  The applicant states, in effect, these awards were omitted from his DD Form 214.

3.  In support of his request, the applicant submits a copy of his DD Form 214, with an effective date of his release from active duty of 8 July 1991; an undated certificate of appreciation issued him by the 2079th United States Army Reserve School; a copy of an undated certificate of training for the successful completion of the Primary Leadership, Course Managers Course; a copy of a DA Form 1059, Service School Academic Evaluation Report, for completion of the non-resident Adjutant General Corps Noncommissioned Officer Advance Course (Administration: Military Occupational Specialty 71F), on 26 April 1980; a student status sheet showing the sub-courses the applicant completed through the Training Support Center, Newport News, Virginia, dated 26 April 1980; a copy of a diploma for completion of the Senior Course for Reserve Component Noncommissioned Officers, dated 22 March 1981; a copy of a page from his DA Form 2-1, Personnel Qualification Record, Part II, showing Item 17 (Civilian Education and Military Schools); a copy of Permanent Orders 5-1, dated 3 September 1982, which awards him the Army Achievement Medal; three documents related to award of the Joint Meritorious Unit Award to the Joint Military Postal Activity – Atlantic, during Operation Desert Storm/Shield and Provide Comfort; a copy of a Memorandum, Subject:  Armed Forces Reserve Medal, prepared by the 1023rd Civil Affairs Brigade (RTU), dated 28 March 1994; and a copy of a Letter, Subject:  Armed Forces Reserve Medal (AFRM) and Army Reserve Component Achievement Medal (ARCAM), dated 21 May 1978.

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 he served on active duty in the Regular Air Force and in the Air Force Reserve before enlisting in the Army Reserve on 5 May 1974.

3.  The applicant served through several reenlistments and extension of reenlistment in the Army Reserve and on 13 November 1990 he was ordered to active duty in support of Operation Desert Shield/Storm.

4.  The applicant was honorably released from active duty, on 8 July 1991, in accordance with Army Regulation 635-200, Chapter 4, at the expiration of his active duty service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), of his DD Form 214, shows he received the National Defense Service Medal (with bronze service star), the Vietnam Service Medal.  No other awards or decorations are shown on his DD Form 214.

5.  On 26 April 1980, the applicant completed the non-resident Adjutant General Corps Noncommissioned Officer Advance Course.  On 22 March 1981, the applicant completed the Senior Course for Reserve Component Noncommissioned Officers.  

6.  On 21 May 1978, the applicant was awarded the Army Reserve Component Achievement Medal (1st Award), with an effective date of 1 May 1978.  This award is shown on the applicant's performance fiche of his Official Military Personnel File (OMPF).  This award is not shown on his DD Form 214.

7.  The applicant was awarded the Army Achievement Medal, for meritorious service, for the period 2 August 1982 through 3 September 1982, by Permanent Orders 5-1, dated 3 September 1982.  This award is not shown on his DD Form 214.

8.  At the time of the applicant's call to active duty in support of Operation Desert Shield/Desert Storm, the applicant was assigned to the Joint Military Postal Activity-Atlantic.  This unit was approved for award of the Joint Meritorious Unit Award, for the period 2 August 1990 to 30 September 1991, by the Deputy Assistant Secretary (Military Manpower and Personnel Policy), Office of the Assistant Secretary of Defense.  This award is not shown on the applicant's DD Form 214; however, another award the applicant received, the Joint Service Commendation Medal, shows he was assigned to this unit at the time the unit was cited for award of the Joint Meritorious Unit Award.  The Joint Service Commendation Medal was added to the applicant's DD Form 214 in calendar year 2006.

9.  On 28 March 1994, the applicant was awarded the Armed Forces Reserve Medal for the period 30 June 1975 through 29 June 1985.  This award is not shown on the applicant's DD Form 214.

10.  The applicant's DA Form 2-1, in Item 9, shows he earned the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle], on 24 March 1984.  This marksmanship qualification badge is not shown on his DD Form 214.

11.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, the Army National Guard, and the Army Reserve for the successful completion of designated Noncommissioned Officer professional development courses.  Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon, with a numeral which identifies the highest level of NCOES or RC-NCOES the Soldier successfully completed as follows:  with numeral 1 for completion of a primary level professional development course, with numeral 2 for completion of a basic level professional development course, with a numeral 3 for completion of an advanced level professional development course and with a numeral 4 for completion of a senior level professional development course.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence, the applicant is entitled to have the following awards added to his DD Form 214:  the Army Reserve Component Achievement Medal (1st Award); the Army Achievement Medal; the Joint Meritorious Unit Award; the Armed Forces Reserve Medal; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.

2.  The applicant is eligible for award of the Noncommissioned Officer Professional Development Ribbon, with Numeral "3," to denote his completion of an advanced level professional development course.  The applicant is further entitled to addition of this award to his DD Form 214.

BOARD VOTE:

___x___  ___x___  ___x___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the already-awarded:  the Army Reserve Component Achievement Medal (1st Award); the Army Achievement Medal; the Joint Meritorious Unit Award; the Armed Forces Reserve Medal; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and

	b.  awarding the applicant the Noncommissioned Officer Professional Development Ribbon, with Numeral "3," to denote his completion of an advanced level professional development course and adding this award to his DD Form 214.





_____x___
          CHAIRPERSON