IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080007398 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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) to show award of the National Defense Service Medal, the Good Conduct Medal, and two awards of the Army Achievement Medal, and that the medals be issued to him.

2.  The applicant states that the Army left them off his DD Form 214.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  DD Forms 214, dated 7 July 1988 and 2 November 1990. 

	b.  Honorable Discharge Certificate, dated 30 July 1986.

	c.  Certificate of Achievement, dated 24 June 1989.

	d.  Two certificates, dated 28 June 1991 and 22 July 1992, showing two awards of the Army Achievement Medal.

	e.  Diploma, dated 6 July 1988, showing completion of the single channel radio operator course.

	f.  Diploma, dated 26 September 1990, showing completion of the food service specialist course.

	g.  Diploma, dated 2 November 1990, showing completion of the hospital food service specialist basic course.

	h.  Certificate of Signal Corps Regimental Affiliation, dated 6 July 1988.

	i.  Two undated certificates of affiliation.

	j.  Certificate of participation, dated 30 June 1990.

	k.  Certificate of recognition, dated 3 April 1988.

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. Army Reserve (USAR) on 28 July 1987.  He was subsequently ordered to active duty for training (ADT) on 15 January 1988, completed basic combat and advanced individual training (AIT), and was awarded military occupational specialty (MOS) 31C (Single Channel Radio Operator).  He was released from ADT to the control of his USAR unit on 7 July 1988.  He was assigned to Headquarters and Headquarters Company, 319th Signal Battalion, Stockton, California (CA).

3.  The DD Form 214 he was issued at the time of his release from ADT shows he completed 5 months and 23 days of active service this period.  Furthermore, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 1 September 1989, the applicant was reassigned to the 921st Mobile Army Surgical Hospital (MASH), Sacramento, CA.  

5.  On 20 July 1990, the applicant entered ADT again.  He completed a second AIT and was awarded MOS 91M (Hospital Food Service Specialist).  He was released from ADT to the control of his USAR unit on 2 November 1990.

6.  The DD Form 214 he was issued show he completed 3 months and 13 days of active duty.  Furthermore, Item 13 of this DD Form 214 shows he was awarded the Army Service Ribbon.

7.  Headquarters, 921st MASH, Sacramento, CA, Order Number 91-025, dated 28 June 1991, shows the applicant was awarded the Army Achievement Medal for outstanding performance from 15 June 1991 to 29 June 1991.

8.  Headquarters, 921st MASH, Sacramento, CA, Permanent Order Number      9-14, dated 22 July 1992, shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 13 June 1992 to 27 June 1992.

9.  The applicant’s records do not contain orders awarding him the Good Conduct Medal. 

10.  The applicant was transferred from the 921st MASH, Sacramento, CA, to the Individual Ready Reserve on or about 3 November 1993.

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.  For first award only, the Good Conduct Medal is authorized upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  The Good Conduct Medal is awarded to active Component enlisted Soldiers; Active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty (other than for training) under Titles 10 and 32, U.S. Code are eligible for this award for qualifying service beginning on or after 1 September 1982, provided no period of the service has been duplicated by the same period of service for which the Soldier has been awarded the Army Reserve Components Achievement Medal (ARCAM); retroactively to eligible Army of the United States (AUS) enlisted personnel; and Ready Reserve enlisted personnel ordered to active duty under Title 10, U.S. Code.


12.  Army Regulation 600-8-22 prescribes the criteria for award of the National Defense Service Medal.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 
11 September 2001 to a date to be determined.  Members of the Selected Reserve in good standing are also eligible during the latter two periods. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the National Defense Service Medal, the evidence of record shows that the applicant was a member of the Selected Reserve in good standing, entered ADT from his Selected Reserve unit from 20 July 1990 to 2 November 1990, and again served with his Selected Reserve unit until he was transferred to the Individual Ready Reserve around November 1993.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

2.  With respect to the Good Conduct Medal, the record shows that the applicant completed 5 months and 23 days active duty during his first ADT and 3 months and 13 days of active duty during his second ADT.  There is no evidence that the applicant completed a qualifying period for award of the Good Conduct Medal.  Therefore, he is not entitled to award of the Good Conduct Medal and the associated medal set or to have the award added to his DD Form 214.

3.  With respect to the Army Achievement Medals, the evidence of record shows that the applicant was awarded two awards of the Army Achievement Medal for 
achievement/service performed during periods subsequent to the period covered by his DD Form 214.  Therefore, his two awards cannot be added to his DD Form 214.

4.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), St. Louis, Missouri.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests submitted to NPRC may be submitted via a letter or the Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the National Defense Service Medal to his DD Form 214.

2.  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 the Good Conduct Medal and two awards of the Army Achievement Medal,.



															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080007398



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007398


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1