IN THE CASE OF:	  

		BOARD DATE:	       21 April 2009

		DOCKET NUMBER:  AR20090001223 


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 his award of the Army Good Conduct Medal.

2.  The applicant states that the orders for his Army Good Conduct Medal were not issued until after his separation.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and award orders for the Army Good Conduct Medal. 

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.  On 20 February 1979, the applicant enlisted in the North Carolina Army National Guard.  He completed his initial training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

3.  On 30 December 2001, the applicant was ordered to active duty service.  He had performed duty in Southwest Asia during the period from 15 November 1990 to 20 April 1991 and again from 15 January 2004 to 5 July 2004.

4.  Permanent Orders 8-1, North Carolina Army National Guard, dated 5 July 2005, awarded the applicant the Army Good Conduct Medal for the period from 15 January 2004 to 14 January 2005.

5.  On 31 March 2005, the applicant was retired due to physical disability.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 
3 years, 3 months and 1 day of creditable active duty during this period of service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Kuwait Liberation Medal-Kuwait, Purple Heart, Army Commendation Medal, Army Achievement Medal, Meritorious Unit Commendation, Army Reserve Components Achievement Medal (six awards), National Defense Service Medal (two awards), Global War on Terrorism Expeditionary Medal, Global War of Terrorism Service Medal, Southwest Asia Service Medal with three bronze service stars, Humanitarian Service Medal (two awards), Armed Forces Reserve Medal, Noncommissioned Officer Professional Development Ribbon with Numeral Two, Army Service Ribbon, Kuwait Liberation Medal-Saudi Arabia, Expert Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.  It does not show award of the Army Good Conduct Medal.

7.  Permanent Orders 342-09, United States Army Human Resources Command, Alexandria, Virginia, dated 8 December 2006, awarded the applicant the Combat Action Badge for actively engaging the enemy on 20 May 2004.

8.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM). It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service.  The first 10 years is denoted by a bronze hourglass, the second 10-year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass on the AFRM.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Army Good Conduct Medal should be added to his DD Form 214.

2.  Permanent orders clearly show that the applicant was awarded the Army Good Conduct Medal and the Combat Action Badge.  Therefore, these awards should be shown on his DD Form 214.  

3.  The available evidence also shows that the applicant was twice mobilized for duty in Southwest Asia and had over 10 years of service.  Therefore, his records should be corrected to show the "M" Device, Numeral Two, and Silver Hourglass affixed to his already-awarded Armed Forces Reserve Medal. 

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Combat Action Badge, and the "M" Device, Numeral Two, and Silver Hourglass to be affixed to his already-awarded Armed Forces Reserve 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)                                         AR20090001223





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ABCMR Record of Proceedings (cont)                                         AR20090001223



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