IN THE CASE OF:
BOARD DATE: 20 NOVEMBER 2008
DOCKET NUMBER: AR20080014663
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 award of the Army Good Conduct Medal (AGCM).
2. The applicant states that after speaking to the Army Board for Correction of Military Records (ABCMR), he was advised to submit his request for award of the AGCM. He states that he believes he is eligible for the AGCM because he spent 9 months on active duty and 5 years in the "National Guard Reserve" (sic). He had an exceptional military record and exemplary behavior.
3. The applicant provides, in support of his application, copies of 2 Letters of Commendation and copies of Certificates of Appreciation for his service as a civilian customs inspector.
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. On 16 June 1977, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 6 years.
3. On 18 September 1977, the applicant was ordered to initial active duty for training (IADT). On 8 April 1978, the applicant successfully completed IADT, he was awarded military occupational specialty 43E (Parachute Rigger), and he was released from IADT to return to his unit in Puerto Rico. He completed 6 months and 21 days of active duty.
4. On 20 January 1983, the applicant was honorably discharged from the PRARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for the completion of his statutory military obligation.
5. On 1 September 1984, the applicant was discharged from the USAR Control Group (Annual Training) upon completion of his statutory military obligation.
6. The applicant provided copies of 2 Letters of Commendation in support of his request for award of the AGCM. He also provided copies of Certificates of Appreciation regarding his superb performance as a civilian customs inspector.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 4-2 of Army Regulation 600-8-22 stipulates, in pertinent part, that active component enlisted Soldiers, active Guard Reserve (AGR) enlisted personnel serving on extended periods of active duty (other than for training) under title 10, U.S. Code with service beginning on or after 1 September 1982, eligible Army of the U.S. (AUS) enlisted personnel, and other Army enlisted personnel as directed by the Secretary of the Army, may be eligible for award of the AGCM. The AGCM 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the PRARNG from 16 June 1977 through 20 January 1983. He served a period of 6 months and 21 days of active duty for completion of his IADT.
2. Given the above regulatory guidance, the applicant does not have a qualifying period of active Federal service for award of the AGCM. Therefore, he is not entitled to this award.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any 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.
________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) AR20080014663
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014663
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002067802C070402
The applicant requests, in effect, that his discharge from the Puerto Rico Army National Guard (PRARNG) be revoked and that the record not show that he was absent without leave (AWOL) on 26-27 September, 3-4 October, and 10-12 October 1998. Paragraph 1-4 states that, "All involuntary administrative discharges require commanders to notify soldiers concerning intent to initiate discharge procedures. Insofar as records of the Puerto Rico Army National Guard are concerned, the ABCMR recommends...
ARMY | BCMR | CY2013 | 20130006707
He provides: * Self-authored statement, dated 30 March 2013 * Memorandum, Subject: Notification of Incentive Discrepancy and Exception to Policy Process, dated 20 January 2012 * Letter, dated 25 January 2012, addressed to State Incentive Manager * National Guard Bureau (NGB) Form 600-7-1-R-F (Annex F to DD Form 4 (Enlistment/Reenlistment Document) - NPSEB Addendum - Army National Guard of the United States (ARNGUS)) * Annex E to DD Form 4 (NPSEB Bonus Addendum - ARNGUS) * Email...
ARMY | BCMR | CY2013 | 20130002632
The applicant requests, in effect, correction of item 8b (Authority and Reason) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show a reason other than conviction by civil court. Paragraph 8-26e provides for the discharge of ARNG enlisted Soldiers convicted by a civil court. Pertinent Army and ARNG regulations provide for the discharge of enlisted Soldiers by reason of civil conviction.
ARMY | BCMR | CY2009 | 20090017301
The applicant requests: a. revocation and/or amendment of his discharge from the Puerto Rico Army National Guard (PRARNG) to not show a data code of "AD-W" and a reentry code of RE-3; b. the 26-27 September 2005 urinalysis results be expunged from his records; c. the PRARNG provide him all military pay, allowances, and retirement points from January 2006 to the present as though he had fully participated in all drills and annual training assemblies; and d. his return to the U.S. Army Reserve...
ARMY | BCMR | CY2013 | 20130017328
On 12 April 2006, he signed Annex E to DD Form 4, Enlistment Bonus Addendum, Army National Guard of the United States. He signed a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) on 14 January 2008, applying for enlistment in the PRARNG. A DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he enlisted in the PRARNG for a period of 7 years, 7 months, and 18 days.
ARMY | BCMR | CY2011 | 20110022535
The applicant states: * he was commissioned through the State Officer Candidate School (OCS) on 25 August 2009 * his NGB Form 0122E (Special Orders Number 255 AR), dated 19 October 2011, shows his initial appointment effective date as 4 March 2011 * his Federal Recognition packet was never submitted to the National Guard Bureau (NGB); therefore he was not given his Federal Recognition * 16 months after asking about his promotion to first lieutenant (1LT), he discovered he had never received...
ARMY | BCMR | CY2011 | AR20080016245
The applicants military personnel records show he enlisted in the ARNGUS and PRARNG for a period of 6 years on 12 January 1972 and was ordered to active duty for training (ACDUTRA) on 25 May 1972. The evidence of record shows that, on 13 July 2007, orders were issued that discharged the applicant from the ARNGUS and PRARNG on 13 May 2007 and transferred him to the USAR Control Group (Retired Reserve) effective 14 May 2007. As a result, the Board recommends that all State Army National...
ARMY | BCMR | CY2014 | 20140021618
On 5 June 1979, while serving with the PRARNG he received a DD Form 689 (Individual Sick Slip) for pain on his right hand that he claims he received while on active duty for training. The applicant claims that the DA Form 2173 dated 3 June 1979 was falsified. Additionally, there is no evidence that he was unfit for duty when he was on ADT or that he was unable to perform his MOS was he was discharged from the PRARNG.
ARMY | BCMR | CY2012 | 20120000045
His DOR should be adjusted due to the State G-1's failure to submit his Federal Recognition 90 days prior to the Army Promotion List (APL) mandatory promotion board. m. On 2 November 2010, the FY 2011 Captain APL Board convened and recommended him for promotion to captain on a published list, dated 3 March 2011. n. Based on law, regulation, and NGB policy, his PRARNG unit should have proceeded with the promotion process when he was selected for promotion by the vacancy promotion board. (5)...
ARMY | BCMR | CY2014 | 20140003192
He provided copies of the following: * BSN diploma * DA Board selection results which show he was considered and not selected by the 2013 CPT Army Promotion List Board due to not being educationally qualified * University of Puerto Rico transcript, officially validated on 21 January and 25 May 2005, which shows he completed the coursework and did not indicate a degree was issued * University of Puerto Rico transcript, dated 22 May 2013, which shows he completed the academic requirements...