IN THE CASE OF:
BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090019570
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) for the period ending 29 January 1991 to show award of the Army Achievement Medal (AAM) and the Armed Forces Reserve Medal (AFRM).
2. The applicant states that these awards are not listed on his DD Form 214.
3. The applicant provides a copy of his AAM award certificate.
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 records show he enlisted in the Army National Guard (ARNG) on 5 December 1960. He was discharged from the ARNG on 1 May 1963 and enlisted in the Regular Army (RA) on 2 May 1963. He was honorably released from active duty on 29 April 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. He reenlisted in the USAR on 18 January 1975.
3. On 6 December 1990, the applicant was ordered to active duty and he was assigned to the 650th Transportation Company with duty at Fort Bragg, NC.
4. The applicant was honorably released from active duty to the control of his USAR unit on 29 January 1991 by reason of expiration term of service. Item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Army Reserve Component Achievement Medal, Army Good Conduct Medal, and the Driver and Mechanic Badge [with Mechanic Bar].
5. The applicant's record contains a copy of an ARPC Form 249-E (Chronological Statement of Retirement Points), dated 14 May 2010, that shows he served in the USAR without a break in service from 18 January 1975 to
31 January 1992. All his retirement years during this period were qualifying years.
6. The applicant's Official Military Personnel File (OMPF) does not contain permanent award orders for the AAM nor does it contain documentation awarding him the AFRM.
7. As evidence, the applicant provided a copy of an AAM certificate, dated
11 January 1991, that shows he was assigned to the 650th Transportation Company from 12 August 1990 to 11 November 1990. There are no permanent award orders on file or provided by the applicant associated with this award.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required.
9. The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Component of the Armed Forces of the United
States for a period of 10 years. The conditions for award of the AFRM include requirements for such service to be completed within 12 consecutive years and 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 to award this award but does not constitute a break in service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the USAR for at least 10 consecutive years from 18 January 1975 to 31 January 1992, a qualifying period for award of the AFRM. Therefore, he is entitled to the AFRM and correction of his DD Form 214 to show this award.
2. Absent permanent orders awarding the applicant the AAM, his record cannot be corrected to show this award since an award certificate alone is not sufficient justification. Therefore, there is insufficient evidence for granting this portion of the applicant's requested relief.
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 adding to item 13 of his DD Form 214 for the period ending 29 January 1991 the Armed Forces Reserve Medal.
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 correcting item 13 of the applicant's DD Form 214 for the period ending 29 January 1991 to show award of the AAM.
_________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) AR20090019570
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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