IN THE CASE OF:	  

		BOARD DATE:	    10 June 2010

		DOCKET NUMBER:  AR20090018403 


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, he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) to account for his 20 years or more of active military service and all of his awards.

2.  The applicant states, in effect, he was notified by the National Personnel Records Center (NPRC) of his eligibility for some awards and he would like those awards shown on a DD Form 214.  He retired in 2007.  

3.  The applicant provides copies of his 1973 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) and separation orders, a DA Form 638 (Recommendation for Award) and resulting Army Achievement Medal certificate, an Award of the Global War on "Terror" Service Medal Memorandum For Record (MFR), his 20-Year Letter, his Retired Reserve orders, and a letter from the NPRC.

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.  His records show he enlisted in the U.S. Marine Corps (USMC) on 19 April 1971 for 2 years.  He was honorably released from active duty on 18 April 1973.  He was issued a DD Form 214 crediting him with 1 year, 11 months, and 29 days of net service.  Item 24 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:  the Marksman Marksmanship Qualification Badge with Rifle Bar and the National Defense Service Medal.

3.  He enlisted in the Maine Army National Guard (MEARNG) on 3 November 1984.  He was honorably released from the MEARNG on 25 January 1998.  He enlisted in the U.S. Army Reserve (USAR) on 26 January 1998.  

4.  He submitted a copy of a DA Form 638 and resulting certificate for his award of the Army Achievement Medal for the period 8 September through 15 December 2004.  He also submitted a copy of an MFR announcing his award of the Global War on "Terror" Service Medal for services rendered with the 98th Division Foreign Army Training Assistance Command at Camp Atterbury, Indiana, and Fort Bliss, Texas.  

5.  On 8 December 2005, he was issued a 20-Year Letter.  On 16 February 2007, he was issued orders transferring him to the Retired Reserve effective 31 December 2006, for completion of 20 years or more of qualifying service for retired pay.

6.  He further submitted a copy of a letter, dated 25 September 2009, wherein the NPRC advised him of authorized shipment of the following awards:  the National Defense Service Medal, the Armed Forces Reserve Medal with bronze hourglass device, the Non-Commissioned Officer Professional Development Ribbon with numeral 2, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

7.  His Chronological Statement of Retirement Points, dated 7 June 2010, shows he completed 21 qualifying years for retirement as of 31 December 2006.



8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  A DD Form 214 would be prepared for selected categories of military personnel including USAR Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special word, temporary tours of active duty, or Active Guard Reserve service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the USMC on 19 April 1971 and served on active duty until he was honorably released from active duty on 
18 April 1973.  He was issued a DD Form 214 that properly shows his credit of net service earned and awards earned during the period of service.  

2.  The evidence of records also show he enlisted in the MEARNG on 3 November 1983 and separated on 25 January 1998.  He was issued an NGB Form 22 that properly shows his credit of net service earned and awards earned during his period of service in ARNG.  He enlisted in the USAR on 26 January 1998 and served continuously in the USAR until his transfer to the Retired Reserve on 31 December 2006, at the completion of 21 years of qualifying service for retirement.  

3.  There is no evidence and he has provided none to show he again served on active duty after 18 April 1973 or as an ARNG and USAR Soldier wherein he completed 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service to qualify for the issuance of a second DD Form 214.  

4.  In view of the foregoing, there is no basis for granting his requested relief.

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)                                         AR20090018403





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ABCMR Record of Proceedings (cont)                                         AR20090018403



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