BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100017026 


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 to his military records to show he was awarded the Army Good Conduct Medal, the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Carbine Rifle Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  He states he served in the U.S. Army Reserve (USAR) for 22 years from 7 April 1954 to 7 April 1976.  He served proudly and honorably.  He was qualified with the carbine, M-1, M-14, and M-16 rifles.  He feels the unit personnel sections did not do their job in awarding these medals to him.  He is 74 years old and would like to get these medals before he passes on.  He had no reprimands or charges against his record.  He was promoted from pay grade E-1 to chief warrant officer two before he retired.  He served during the Lebanon, Berlin, and Cuban Missile Crises and the Vietnam War.   

3.  He provides unit orders for the Marksman Marksmanship Qualification Badge with Carbine Rifle Bar and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

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 military records show he enlisted in the USAR in pay grade 
E-1 on 7 April 1954.  He completed training and was awarded military occupational specialty (MOS) 76K (General Supply Specialist).  

3.  Orders Number 8, dated 27 May 1961, were issued qualifying him for the Marksman Marksmanship Qualification Badge with Carbine Rifle Bar.  

4.  Unit Orders Number 7, dated 21 March 1968, were issued qualifying him for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He continued to serve in the USAR in an enlisted status through several reenlistments.  He was honorably discharged from the USAR in pay grade E-7 on 5 November 1971 to accept an appointment as a Reserve warrant officer.  

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) contains no list of awards.

7.  He was appointed in the USAR as a warrant officer one on 6 November 1971 and served in MOS 761 (Unit Supply Technician).  He was assigned to the Retired Reserve on 26 February 1980.

8.  Item 21 (Awards and Decoration) of his DA Form 66 (Officer Qualification Record) lists the following awards:  Army Reserve Components Achievement Medal, Army Commendation Medal, and Armed Forces Reserve Medal.  Item 23 (Qualification in Arms) shows he was qualified with the carbine and M-14 rifles.  

9.  Army Regulation 600-8-22 (Military Awards), then in effect, stated the Army Good Conduct Medal was awarded to enlisted Soldiers for exemplary behavior, efficiency, and fidelity while serving in an Active Component.  Reserve enlisted personnel serving on extended periods of active duty were eligible for award of the Army Good Conduct Medal.  

10.  Army Regulation 600-8-22 also stated the Army Reserve Components Achievement Medal was awarded to Reserve and Army National Members for exemplary behavior, efficiency, and fidelity.
11.  Army Regulation 600-8-22 further stated the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions have been noted.  However, the evidence shows the applicant enlisted in the USAR on 7 April 1954 and was appointed in the USAR on 6 November 1971 as a warrant officer.  He was honorably discharged from the USAR on 26 February 1980.  During his period of service in the USAR he was awarded the Army Reserve Components Achievement Medal, the Reserve Component award equivalent to the Army Good Conduct Medal.  The evidence does not show he served on extended active duty during his period of service from November 1954 to February 1980.

2.  The evidence shows he did not meet the criteria for award of the Army Good Conduct Medal and National Defense Service Medal.  His records also show he was properly credited with all earned awards.  Neither the evidence submitted with the application nor the evidence of record supports his request for correction to his military records.  

3.  It is noted the DA Form 20 and the DA Form 66 are no longer posted and maintained after a Soldier has been released, reassigned, separated or discharged from either active duty or Reserve service.  These documents were not intended to be continued in force and maintained (continually posted) after a Soldier's separation from their perspective component.  To add or change any entries at this time would serve no useful purpose.

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

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)                                         AR20100017026





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ABCMR Record of Proceedings (cont)                                         AR20100017026



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