IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017037
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 Armed Forces Reserve Medal and the National Defense Service Medal.
2. The applicant states the following:
* he served in the Army for 2 years and was awarded the Good Conduct Medal
* he served 26 years in the Army National Guard, the U.S. Army Reserve (USAR), and the Individual Ready Reserve (IRR)
* he was awarded no other awards
* for 28 years of service he was awarded one medal
* upon his retirement he was awarded the Meritorious Service Medal
3. The applicant provides no documentary evidence in support of his application.
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. The applicant enlisted in the Regular Army on 17 June 1963 for a period of
3 years. Records show he was released from active duty on 7 December 1964.
3. The available records do not contain a DD Form 214 (Report of Transfer or Discharge) for the period covering 17 June 1963 through 7 December 1964.
4. The applicant was commissioned a second lieutenant in the USAR on
8 December 1964 and commissioned a second lieutenant in the Army National Guard on 23 April 1966. He subsequently served in the USAR. On 25 August 1992, he was released from the USAR Control Group (Reinforcement) in the rank of lieutenant colonel for completion of maximum authorized years of service and assigned to the Retired Reserve.
5. The available records contain a letter, dated 26 April 1977, from the applicant's commanding officer which states "I have reviewed your personnel file and found that you are eligible for the first award of the Armed Forces Reserve Medal under the provisions of AR [Army Regulation] 672-5-1."
6. The applicant's USAR Personnel Command Chronological Statement of Retirement Points shows:
* he served on active duty in the Regular Army from 17 June 1963 to 7 December 1964
* he completed 20 qualifying years for retirement purposes from 8 December 1964 through 22 April 1985 in the Army National Guard and USAR
7. Army Regulation 600-8-22 (Military Awards) states the conditions for award of the Armed Forces Reserve Medal 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.
8. Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The 26 April 1977 letter from the applicant's commanding officer which states he was eligible for the first award of the Armed Forces Reserve Medal is accepted as sufficient evidence on which to award the Armed Forces Reserve Medal.
2. The applicant served a period of qualifying service for award of the National Defense Service Medal during the period 17 June 1963 to 7 December 1964. Therefore, he is entitled to award of this medal.
3. Since there are no separation documents to annotate the above mentioned awards, these proceedings are authorization for the applicant to wear these medals.
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 awarding/issuing him the Armed Forces Reserve Medal and the National Defense 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) AR20090017037
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ABCMR Record of Proceedings (cont) AR20090017037
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