IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011584
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 her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending
31 January 2002 to show all awards that she is entitled to.
2. The applicant makes no additional statement.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 October 1990
* National Guard Bureau (NGB) Form 22 for the period ending 31 January 2002
* Standard Form 180 (Request Pertaining to Military Records), dated 15 March 2010
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 New York Army National Guard (NYARNG) on 31 January 1990. On 25 April 1990, she was ordered to active duty for training (ADT). The applicant successfully completed basic training and advanced individual training. She was awarded military occupational specialty 91A (Medical Specialist).
3. On 16 October 1990, the applicant was released from ADT and returned to the NYARNG. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 16 October 1990 shows she was awarded:
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Marksman Marksmanship Qualification Badge (Hand Grenade)
4. On 31 January 2002, the applicant was honorably discharged from the NYARNG after completing 12 years and 1 day of continuous service for pay.
Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) of the applicant's NGB Form 22 shows she was awarded:
* Army Service Ribbon
* National Defense Service Medal
* Army Reserve Components Achievement Medal
* Army Commendation Medal
* NYNG Long and Faithful Service Award
* NYNG Aid to Civil Authority Award
5. The applicant's ARNG Retirement Points History Statement shows she had 11 qualifying years of service.
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or
more of the Reserve Components for a period of 10 years. 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.
7. Army Regulation 600-8-22 states the Ten-Year Device (hourglass with Roman numeral X) is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service. The first 10-year period is denoted by a bronze hourglass, the second 10-year period 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge (Rifle M-16) and the Marksman Marksmanship Qualification Badge (Hand Grenade). It appears the applicant met the eligibility criteria for award of the Armed Forces Reserve Medal with bronze hourglass. These awards should be added to her NGB Form 22 for the period ending 31 January 2002.
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 State Army National Guard and Department of the Army records be corrected by amending the applicant's NGB 22 by adding the award of the Armed Forces Reserve Medal with bronze hourglass, the Marksman Marksmanship
Qualification Badge (Rifle M-16), and the Marksman Marksmanship Qualification Badge (Hand Grenade).
___________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.
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