IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080014179
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, in effect, that the United States Marine Corps (USMC) Good Conduct Medal (GCM), 2nd Award of the Army Achievement Medal (AAM), and an Army Reserve State Ribbon (ARSR) be added to his National Guard Bureau Report of Separation and Record of Service (NGB Form 22).
2. The applicant states, in effect, that these earned awards should be added to his NGB Form 22 so that he can have his United States Air Force Ribbons and Medal Department online profile updated in order to allow him to wear these awards.
3. The applicant provides the following documents in support of his application: NGB Form 22; AAM Certificate; 1997 and 1999 Certificate of Release or Discharge from Active Duty (DD Forms 214); Installation Management Command (IMCOM) Electronic Mail (e-mail) Message, dated 7 August 2008; Enlisted Promotion Point Worksheet (NGB Form 4100-1-R-E); and 110th Maintenance Company, Massachusetts Army National Guard (MAARNG) Memorandum, dated 24 January 2004.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A Chronological Statement of Retirement Points (ARPC Form 249-E) on file in the applicant's Official Military Personnel File (OMPF) shows he served in the United States Army Reserve (USAR) from 24 November 1993 through 25 June 1996. It also shows he served in the USMC Reserve (USMCR) from 26 June 1996 through 11 February 1997, and in the USMC from 24 February through
25 June 1999. It further shows that from 17 March 2000 through 7 May 2003, he served in the ARNG.
3. The applicant's record includes two active duty separation documents issued by the USMCR and USMC. The first DD Form 214 issued, which covers a
1 month and 25 day period of active duty service in the USMCR from
16 December 1996 through 11 February 1997, contains the entry "None" in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). The second DD Form 214 issued, which covers a 4 month and
2 day period of active duty service in the USMC from 24 February through
25 June 1999, lists only the Rifle Sharpshooter Badge in Item 13.
4. The applicant's record also shows he was honorably discharged from the ARNG on 7 May 2003, after completing a total of 4 years, 4 months, and 8 days of military service for pay purposes. The NGB Form 22 he was issued at the time shows he earned the AAM and the Army Reserve Component Achievement Medal (ARCAM). No other awards are listed on this document.
5. The applicant's OMPF is void of any award orders or other documents that indicate he is authorized any awards beyond those already listed on the
DD Forms 214 and NGB Form 22 he provided.
6. The applicant provides an e-mail message, dated 7 August 2008, from a civilian official of IMCOM, which lists the military data code CASAWDCM, which
stands for the USMC GCM. He also provides an NGB Form 4100-1-R-E that lists this same data code.
7. A review of the criteria for award of the USMC GCM reveals the award is authorized for a continuous 3 year period of qualifying active duty service by USMC enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the USMC GCM, the 2nd Award of the AAM, and an ARSR should be added to his NGB Form 22 was carefully considered. However, there is insufficient evidence to support his claim.
2. The applicant's OMPF is void of any documents or records entries that indicate he was ever awarded the USMC GCM, 2nd Award of the AAM, or an ARSR. Therefore, absent any evidence of record corroborating his claim that he received the awards in question or the information contained in the e-mail message and promotion point worksheet he provides, there is an insufficient evidentiary basis to support granting the requested relief.
3. In addition, if the applicant should obtain evidence to support his requests, he should apply first to the MAARNG for correction of his NGB Form 22 or, if necessary, to the National Guard Bureau before reapplying to this Board.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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.
_________x_____________
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) AR20080014179
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014179
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017770
The applicant requests issuance of an Honorable Discharge Certificate and the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2005: a. amend item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) to show his rank and pay grade as sergeant (SGT)/E-5, b. add the following awards to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal (2nd...
ARMY | BCMR | CY2014 | 20140016684
The applicant requests reconsideration of his earlier request for correction of his military records as follows: * constructive service credit for active duty from 6 November 1997 (date erroneously discharged) to 29 July 2007 (date properly discharged) * consideration for promotion to sergeant major (SGM)/E-9 2. The Board recommended denial of the application that pertains to promoting him to the rank/grade of SGM/E-9; however, the Board recommended all state Army National Guard records and...
ARMY | BCMR | CY2002 | 2002073196C070403
On 17 April 2001, the MP-EPP Manager responded to the request stating that the request was denied. In the applicant's case, he will be eligible to be considered during the January 2002 board. A response was received from the NGB IG, which determined that the applicant was entitled to a STAB since his records were not submitted and was considered to be a material error.
ARMY | BCMR | CY2007 | 20070010452C080407
The applicant requests, in effect, reconsideration of his earlier petition requesting that his Army Achievement Medal (AAM) be upgraded to an Army Commendation Medal (ARCOM); and that his Army National Guard (ARNG) separation document (NGB Form 22) be corrected by adding all awards, badges, schools, and deployments. He claims the following awards and badges were erroneously omitted from his NGB Form 22: Army Service Ribbon (ASR); Noncommissioned Officer Professional Development Ribbon...
ARMY | BCMR | CY2007 | 20070010452
The applicant requests, in effect, reconsideration of his earlier petition requesting that his Army Achievement Medal (AAM) be upgraded to an Army Commendation Medal (ARCOM); and that his Army National Guard (ARNG) separation document (NGB Form 22) be corrected by adding all awards, badges, schools, and deployments. He claims the following awards and badges were erroneously omitted from his NGB Form 22: Army Service Ribbon (ASR); Noncommissioned Officer Professional Development Ribbon...
ARMY | BCMR | CY2014 | 20140009752
The Rhode Island Army National Guard (RIARNG) did not submit five DA Forms 67-8 (Officer Evaluation Report (OER)), three award certificates, and one mandatory military education completion document, for inclusion in his promotion consideration file (PCF) prior to the board record cut-off date; instead, they sent an incomplete record to the promotion selection board without allowing him to review it. His request for reconsideration documents the following: * manifest errors were made in the...
ARMY | BCMR | CY2012 | 20120003806
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2002 to show her award of the Meritorious Service Medal (MSM) (2nd Oak Leaf Cluster). The applicant provides a: * DD Form 214WS (DD Form 214 Worksheet) * NATO certificate * Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the period 1-31 March 1998 * DA Form 4980-18 (The Army Achievement Medal...
ARMY | BCMR | CY2009 | 20090013721
Also on the same date, by letter, HRC-St. Louis notified him that he was promoted as a Reserve commissioned officer of the Army to LTC with an effective date of 11 January 2005 and a DOR of 15 April 2004. e. In the applicant's application, he submitted a letter from MG (Retired) V-----, who served as TAG of the State of Massachusetts at the time the applicant was appointed to MAJ in the MAARNG, dated 1 March 2010. Army Regulation 135-155 provides policy for the selection and promotion of...
ARMY | BCMR | CY2014 | 20140021496
The applicant requests an exception to policy (ETP) for payment of the remaining $10,000.00 of his Critical Skills Retention Bonus (CSRB) and relief from recoupment of the portion already paid. The applicant states: * he was in an eligible position and eligible for the CSRB in 2008 and the necessary documents were sent to his headquarters and he was paid the first half of the bonus * he inquired about the unpaid portion of the bonus years later and he was informed that a records review was...
ARMY | BCMR | CY2014 | 20140016160
Application for correction of military records (with supporting documents provided, if any). The applicant requests a summary court-martial from a different service (U.S. Marine Corps (USMC)) be removed from the performance folder of his official military personnel file (OMPF) or transferred to the restricted folder. An NAVMC Form 118(13), dated 17 July 1996, shows he was convicted by a summary court-martial of unauthorized absence and was sentenced to a forfeiture of pay for one month and...