BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100010610 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) be corrected by adding his award of the Army Reserve Components Achievement Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Kentucky Service Ribbon with one Oak Leaf Cluster, and the Kentucky State Active Duty Ribbon.

2.  The applicant states he was reviewing his records and found that he had been awarded the Army Reserve Component Achievement Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Kentucky Service Ribbon with one Oak Leaf Cluster, and the Kentucky State Active Duty Ribbon but they are not on either his DD Form 214 or NGB Form 22.

3.  The applicant provides copies of his DD Form 214, two pages of a DA Form 2-1 (Personnel Qualification Record - Part II), a Record Fire Scorecard, Kentucky Army National Guard Orders 263-001, and an Army National Guard Retirement Points History Statement.

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.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-8 states that the ABCMR staff will review each application to determine if it meets the criteria for consideration by the ABCMR.  The application may be returned without action if the ABCMR does not have jurisdiction to grant the requested relief.

3.  The NGB Form 22 is created by and under the jurisdiction for corrections of the respective State.  As such the ABCMR has no jurisdiction to make any corrections to this form.  Therefore, the issue concerning the correction of NGB Form 55 will not be addressed further.  The applicant should direct his request on this issue to the Office of the Adjutant General, Kentucky Army National Guard (KYARNG).

4.  The applicant enlisted in the Regular Army on 24 September 1979 and served until 15 August 1991, completing 11 years, 10 months, and 22 days of creditable active duty service.

5.  He had break in service from 19 August 1991 through 23 May 1996, when he enlisted in the KYARNG.  The record does not show any Federal service during his period of service in the KYANG.

6.  Although it appears that the Record Fire Scorecard is for qualification as an expert on a rifle, the form does not specifically state what weapon was used for qualification.  Additionally, it does not list the date of qualification.  The available record does not contain a copy of this document.

7.  The 15 August 1991 DD Form 214 lists the applicant's awards as the Army Service Ribbon, National Defense Service Medal, Good Conduct Medal (3rd award), Overseas Service Ribbon, Southwest Asia Service Medal with two bronze service stars, Army Achievement Medal with one Oak Leaf Cluster, Army Commendation Medal, Overseas Service Ribbon (2nd award), and Expert Marksmanship Qualification Badge with Pistol Bar (with both the .45 caliber and 9mm pistols).

8.  The record contains two DA Forms 2-1.  The copy related to the pages provided by the applicant was prepared on 26 March 1997 and last reviewed by the applicant on 7 May 2000.  It includes the notations that he was awarded the Army Reserve Components Achievement Medal, on 23 Mary 1999; Kentucky State Active Duty Ribbon, on 8 March 1997; and the Kentucky Service Ribbon on 3 April 1984 and 4 April 1989.  These entries are not on the earlier DA Form 2-1.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It further states that the awards and decorations are to be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation lists only those awards and decorations the fall under the scope of Federal awards and does not include State awards.

11.  The Kentucky Service Ribbon is awarded to members of the Kentucky National Guard (KYNG) who have completed five years of honorable service in the KYNG.  The years of service need not have been performed consecutively; however, it must have been in an active status in any Kentucky service component of the Armed Forces of the United States, exclusive of service in an inactive status.  Oak Leaf Clusters will be authorized to denote succeeding years of service.

12.  The Kentucky State Active Duty Ribbon may be awarded to members of the KYNG who honorably served three or more consecutive days on state active duty during a disaster, civil disturbance, or other special duty.  For each succeeding period that justifies the award of a decoration, a bronze oak leaf cluster will be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was reviewing his records and found that he had been awarded the Army Reserve Components Achievement Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Kentucky Service Ribbon with one Oak Leaf Cluster, and the Kentucky State Active Duty Ribbon but they are not on either his DD Form 214 or NGB Form 22.

2.  The DD Form 214 is a static document.  All entries on the form would have to be for events that occurred prior to the date of issue of the DD Form 214.  The Army Reserve Components Achievement Medal was awarded after issuance of the DD Form 214; as such, it is not appropriate to include it on this form.

3.  The Kentucky Service Ribbon and the Kentucky State Active Duty Ribbon are State awards.  There is no provision for inclusion of State awards on a DD Form 214.  

4.  Additionally, the applicant was not a member of the KYARNG on the dates that are noted for award of either Kentucky Service Ribbons.  Therefore it is not appropriate to include them on the DD Form 214.
 
5.  While the Record Fire Scorecard shows the applicant qualified as an expert the weapon system is in question and there is no date on the form to indicate when he qualified.  Without corroborating evidence, it can not be shown to have occurred during the applicant's period of active duty.  Therefore, it is not appropriate to include it on the DD Form 214.

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)                                         AR20100010610





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ABCMR Record of Proceedings (cont)                                         AR20100010610



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