IN THE CASE OF:	

		BOARD DATE:	 17 March 2009 

		DOCKET NUMBER:  AR20080019901 


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 his DD Form 214 (Report of Separation from Active Duty), be corrected to add the Armed Forces Service Medal, Medal of Freedom, Armed Forces Reserve Medal, and Vietnam Service Medal along with any other awards pertaining to his service.

2.  The applicant states, in effect, that his DD Form 214 was not updated at the time of issue.

3.  The applicant provides his DD Form 214; and a letter of appreciation, dated 20 September 1976.  In that letter of appreciation the applicant's commander spoke highly of the applicant's performance of duty.

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 military records show that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 April 1973.  The applicant was discharged from the DEP on 19 July 1973 and enlisted in the Regular Army on 20 July 1973.  He was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-4.

3.  The applicant served in the Netherlands from 23 August 1975 to 9 September 1976.  He had no other foreign service.  The applicant's records show he served with no disciplinary actions taken against him.

4.  He was honorably released from active duty on 10 September 1976 and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after       3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

7.  The Presidential Medal of Freedom, the nation's highest civilian award, recognizes exceptional meritorious service.  The medal was established by President Truman in 1945 to recognize notable service in the war.  In 1963, 
President John F. Kennedy reintroduced it as an honor for distinguished civilian service in peacetime.  President John F. Kennedy authorized the practice of awarding Presidential Medals of Freedom to persons "for especially meritorious contribution to (1) the security or national interests of the United States, or (2) world peace, or (3) cultural or other significant public or private endeavors" (Executive Order 11085 dated Feb. 22, 1963).

8.  Army Regulation 600-8-22 states that the Armed Forces Reserve Medal (AFRM) was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, 1953 and Executive Order 13013, dated 6 August 1996.  The AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to those individuals who distinguish themselves by their conduct, efficiency and fidelity during a 3 year period of service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Any case of unfavorable consideration requires the immediate commander to notify the individual of the rationale for the decision and permits the member to respond.  This action is to be filed in the Soldier's official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the USAR DEP for 3 months and 1 day.  As such, he did not have the 10 years of USAR service required for award of the AFRM.

2.  The Presidential Medal of Freedom is awarded to civilians.  As such, it would not be entered on a DD Form 214 which is restricted to military awards.

3.  The applicant served in the Netherlands, not Vietnam.  As such, he is not entitled to the Vietnam Service Medal.

4.  Since the applicant was not on active duty on or after 1 June 1992, he is not authorized the Armed Forces Service Medal.

5.  As such, there is no basis for granting the applicant's request for these awards.

6.  However, the applicant's records show that he served with distinction and had no disciplinary actions.  Therefore, it would appear that he should have been awarded the Good Conduct Medal for the period from 20 July 1973 to 19 July 1976.  Therefore, it would be appropriate to now correct that error.

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 awarding him the Good Conduct Medal for the period from 20 July 1973 to
19 July 1976, and to add this award 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 the Armed Forces Service Medal, the Medal of Freedom, Armed Forces Reserve Medal, and the Vietnam Service Medal.



      _________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)                                         AR20080019901



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ABCMR Record of Proceedings (cont)                                         AR20080019901



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