BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110011944
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Armed Forces Reserve Medal.
2. He states the Armed Forces Reserve Medal is not listed on his DD Form 214.
3. The applicant provides:
* two DD Forms 214
* DD Form 44 (Record of Military Status of Registrant)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of Illinois)
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 Illinois Army National Guard (ILARNG) on
17 May 1965. He successfully completed training and held the military occupational specialty 11B (Light Weapons Infantryman). He was honorably discharged from the ARNG on 15 September 1970 and transferred to the U.S. Army Reserve Control Group (standby).
3. Neither of his DD Forms 214 show award of the Armed Forces Reserve Medal.
4. There is no evidence in the available record showing he was awarded or recommended for the award of the Armed Forces Reserve Medal.
5. 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. Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code. The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code. Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the M Device.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the Armed Forces Reserve Medal was carefully considered, and it was determined that there is insufficient evidence to support the request.
2. There is no evidence in the available records which shows the applicant served a qualifying period of service for award of the Armed Forced Reserve Medal. Absent such evidence, there is no basis to grant this award.
3. In view of the foregoing evidence, he is not entitled to the requested relief.
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) AR20110011944
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ABCMR Record of Proceedings (cont) AR20110011944
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