IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20100025451 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the National Defense Service Medal (NDSM) with one bronze service star and the Army Reserve Component Achievement Medal (ARCAM) with one bronze Oak Leaf Cluster.

2.  The applicant states, in effect, his:

* second awards of the ARCAM and NDSM are not listed on his DD Form 214
* records contained letters to support his contention that he was awarded the ARCAM with one bronze Oak Leaf Cluster
* NDSM with one bronze Oak Leaf Cluster were awarded by Presidential orders

3.  The applicant provides:

* National Personnel Records Center letter dated 5 July 2010
* DD Form 214, dated 17 August 1989
* DD Form 214, dated 7 November 1991
* NGB Form 22E (Department of the Army and Air Force National Guard Bureau Report of Separation and Record of Service), dated 14 April 1999
* NGB Form 22E, dated 1 November 2000
* Department of the Army Human Resources Command (AHRC) Orders 
D-12-629025, dated 5 December 2006
* Honorable Discharge Certificate dated 5 December 2006
* Memorandum for Award of the ARCAM, dated12 November 2000
* Memorandum for Award of the ARCAM, dated 20 August 1991
* Certificate of Recognition for service during the Cold War

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 enlisted in the U.S. Army Reserve (USAR) on 10 March1989.  He was ordered to active duty for training, effective 30 March 1989.  He was released from active duty (REFRAD) upon completion of his military occupational specialty training on 17 August 1989.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)) on the DD Form 214 he received shows he was authorized the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  On 20 August 1991, the applicant received a Memorandum for Award of the ARCAM for the period 10 March 1989 to 20 August 1991.

5.  He entered active duty again on 22 August 1991.  After completing 2 months and 16 days of net active service this period, he was discharged on 7 November 1991, due to entry level status performance and conduct.  His service was uncharacterized.





6.  Item 13 on the DD Form 214 he received for this period shows his was authorized the:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

7.  The ARCAM he was awarded on 20 August 1991 is not shown on his DD Form 214 dated 7 November 1991.

8.  The applicant provides two NGB Forms 22, which show he served in the Alabama Army National Guard (ALARNG) from 6 October 1997 to 14 April 1999 and 14 December 1999 to 1 November 2000.  His NGB Forms 22 show he is authorized the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* NDSM

9.  His NGB Form 22, dated 1 November 2000 shows he is also authorized the Army Achievement Medal.

10.  He provides a Memorandum for Award of the ARCAM dated 12 November 2000, for the period 14 December 1999 to 1 November 2000.

11.  He also submits AHRC Orders D-12-629025 and his Honorable Discharge Certificate, showing he was honorably discharged from the USAR on 5 December 2006.  A letter from the National Personnel Record Center dated 5 July 2010 shows he is authorized the:

* Army Achievement Medal
* NDSM
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

12.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  This regulation provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.


13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  A bronze service star denotes each subsequent award.

	b.  The ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Between 3 March 1972 and 28 March 1995, the medal was authorized on completion of 4 years service with a Reserve Component unit. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the ARCAM.  Orders are not published for the award of this medal.  Approved ARCAM is announced using an official memorandum.  The records custodian will then annotate the records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He was not authorized the NDSM for his honorable active service from 30 March 1989 to 17 March 1989.  These dates of service do not meet the criteria contained in Army Regulation 600-8-22 for award of the NDSM.  Therefore, the NDSM is not shown on his DD Form 214 dated 17 March 1989.

3.  The applicant was not authorized the NDSM for his service from 22 August 1991 to 7 November 1991, as his service was not characterized as honorable.  The NDSM is properly not shown on his DD Form 214 dated 7 November 1991.

4.  The applicant was awarded the ARCAM for the period 14 December 1999 to 1 November 2000.  He was issued both DD Forms 214 prior to the dates of service covering this award.  This ARCAM should not be shown on either of his DD Forms 214.
5.  He was issued an ARCAM for the period 10 March 1989 to 20 August 1991.  This ARCAM should be added on his DD Form 214 dated 7 November 1991.

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 amending his DD Form 214 dated 7 November 1991 to show he is authorized the Army Reserve Component Achievement 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 amending his DD Form 214 to show he is authorized the Army Reserve Component Achievement Medal with one bronze oak leaf cluster and the National Defense Service Medal with one bronze service star.




      _________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)                                         AR20100025451



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ABCMR Record of Proceedings (cont)                                         AR20100025451



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