IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120000026 


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 DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1993 and
8 May 2000, as follows:

* Item 12d (Total Prior Active Service)
* Item 12e (Total Prior Inactive Service)
* Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized)

* Army Good Conduct Medal (2nd Award)
* Army Reserve Components Achievement Medal

2.  The applicant also requests correction of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending
4 June 1994 and 2 December 1996, as follows:

* Item 4 (Date of Enlistment)
* Item 8b (Effective Date)
* Item 10a (Net Service This Period)
* Item 10b (Prior Reserve Component Service)
* Item 10c (Prior Active Federal Service)
* Item 10d (Total Service For Pay)
* 
Item 15 (Decorations, Medal, Badges, Commendation, Citations, and Campaign Ribbons Awarded This Period)

* North Carolina (NC) State Active Duty (SAD) Ribbon
* NC National Guard Governor's Lent Citation

3.  The applicant states:

	a.  Items 12d and 12e of her 2000 DD Form 214 do not reflect her actual active duty service time.  The Army Good Conduct Medal (2nd Award) was also omitted from this DD Form 214.

	b.  Her military records were poorly kept by her previous command that resulted in poorly-prepared DD Forms 214 and NGB Forms 22 for her Army and Army National Guard (ARNG) time.  As a direct reflection, her Department of Veterans Affairs (VA) records also copied the incorrect information and thus it will need to be adjusted once her official records are corrected.  Now that she has access to her interactive Personnel Electronic Records Management System (iPERMS) file she can view some of the information that was posted from both components to submit her request.

4.  The applicant provides:

* 1993 and 2000 DD Forms 214
* 1994 and 1996 NGB Forms 22
* six USAEREC Forms 3 (Statement of Service - Enlisted Personnel) 1993 to 1996
* Memoranda for award of the Army Reserve Components Achievement Medal and Army Reserve Components Achievement Medal with Numeral 1
* five ARNG Retirement Points History Statements (1992, 1993, 1994, 1995, and 1997)
* Emergency Duty Order Event History
* twenty-seven orders for initial active duty for training (IADT), active duty for special work (ADSW), annual training (AT), and SAD
* 2000 Army Good Conduct Medal (2nd Award) orders
* 2000 separation orders

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.  The 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 the 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 requested that her NGB Forms 22 be corrected to show her correct dates of enlistment; separation dates; record of service; and additional awards, including State awards.  The applicant may submit her request to the Chief, National Guard Readiness Center (NGB-ARP-DA), 111 South George Mason Drive, Arlington, VA  22204-1382 or the State Adjutant General, for appropriate action.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the NCARNG under the split-option program on 27 March 1992.

4.  On 4 December 1992, she was ordered to IADT for completion of basic combat training from 16 June to 21 August 1992.  She entered IADT on 16 June and she was released from active duty (REFRAD) on 21 August 1992.  She completed 2 months and 6 days of active service but she was not issued a
DD Form 214 during this period as it was less than 90 days. 

5.  She was again ordered to IADT for completion of military occupational specialty (MOS) training.  She entered IADT on 14 June 1993.  She completed training and she was awarded MOS 73C (Finance Specialist).  She was honorably REFRAD on 2 September 1993.

6.  Her DD Form 214 shows in:

* Item 12a (Date Entered AD This Period) - 14 June 1993
* Item 12b (Separation Date This Period) - 2 September 1993
* Item 12c (Net Active Service This Period) - 2 months and 19 days
* Item 12d - 2 months and 6 days
* Item 12f - 1 year and 11 days
* Item 13 - the Army Service Ribbon and the National Defense Service Medal

7.  Over the next few years, she was an active participant in unit training.  She was issued multiple orders to AD for various reasons as follows: 

* ADSW - 4 to 8 October 1993
* ADSW - 11 to 15 October 1993
* ADSW - 18 to 23 October 1993
* ADSW - 1 to 5 November 1993
* ADSW - 15 to 19 November 1993
* ADSW - 29 November to 3 December 1993
* ADSW - 6 to 10 December 1993
* ADSW - 13 to 17 December 1993
* ADSW - 20 to 22 December 1993
* ADSW - 27 to 30 December 1993
* (a total ADSW period of 1 month and 8 days)

* AT - 6 to 20 January 1995
* AT - 12 to 26 May 1995
* ADT - 27 May 1995
* AT - 23 February to 8 March 1996
* AT - 5 to 24 June 1996
* AT - 8 July to 30 September 1996
* (a total AT and ADT period of 5 months and 6 days)

* SAD - 11 to 15 September 1996
* SAD - 16 to 20 September 1996
* SAD - 21 to 27 September 1996
* SAD - 30 September to 4 October 1996
* SAD - 5 to 11 October 1996
* SAD - 12 October 1996
* SAD - 15 to 18 October 1996
* SAD - 21 to 25 October 1996
* SAD - 26 October to 1 November 1996
* SAD - 4 to 5 November 1996
* (a total SAD period of 1 month and 8 days)

8.  She was issued an NGB Form 22 honorably discharging her from the NCARNG on 4 June 1994.

9.  Memoranda, dated 26 June 1995 and 1 April 1996, authorized her award of the Army Reserve Components Achievement Medal and Army Reserve Components Achievement Medal with Numeral 1.

10.  She was issued a second NGB Form 22 honorably discharging her from the NCARNG in pay grade E-4 on 2 December 1996.

11.  She provides 6 copies of USAEREC Forms 3, dated from 1992 to 1996, showing she completed a total of 1 year, 9 months, and 2 days of qualifying Federal service.

12.  She enlisted in the Regular Army in pay grade E-3 on 3 December 1996 for a period of 4 years.

13.  She also provides copies of her ARNG retirement statements.  The statement, dated 2 June 1997, shows she was credited with a total of 4 years, 8 months, and 6 days of creditable service for retired pay beginning 27 March 1993 through 2 December 1996.

14.  Permanent Orders 988-25, issued by the 502nd Personnel Services Battalion, Fort Hood, TX, dated 28 March 2000, awarded her the Army Good Conduct Medal (2nd Award) for the period 27 January 1996 to 26 January 1999.

15.  She was honorably discharged on 18 May 2000 in the rank/grade of private first class (PFC)/E-3.  Her DD Form 214 shows in:

* Item 12a - 3 December 1996
* Item 12b - 18 May 2000
* Item 12c  - 3 years, 5 months, and 16 days
* Item 12d - 11 months and 26 days
* Item 12e - 3 years, 8 months, and 10 days
* Item 13 - the: 

* Army Lapel Button
* Army Reserve Components Achievement Medal
* National Defense Service Medal 
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It states:

   a.  The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and provided a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 would be prepared for selected categories of military personnel including USAR Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, ADSW, temporary tours of active duty, or Active Guard Reserve service.  It states for:
   
* Item 12a – enter the beginning date of the continuous period of AD for the issuance of the DD Form 214
* Item 12b – enter the Soldier's transition date
* Item 12c – enter the amount of service this period by subtracting Item 12a from Item 12b
* Item 12d – enter from previously-issued DD Forms 214 the total amount of prior active military service (less time lost)
* Item 12f – enter from previously-issued DD Forms 214 the total amount of prior inactive military service (less time lost)
* Item 13 - list awards and decorations for all periods of service

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

	a.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award each 3 years completed on or after 27 August 1940.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

	b.  Army Reserve Components Achievement Medal 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.  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 Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the NCARNG on 27 March 1992 and served on IADT from 16 June to 21 August 1992 and from 14 June to 2 September 1993.  She completed her initial entry training and she was awarded an MOS.  Upon her release from IADT on 9 September 1993, she was issued a DD Form 214 that properly shows credit of 2 months and 19 days of net active service this period (MOS training) and 2 months and 6 days of prior active service (basic combat training).  

2.  The 1993 DD Form 214 credited her with 11 months of prior inactive service.  However, prior to her entry on ADT she served in the NCARNG for a period of 1 year, 2 months, and 17 days.  She was issued a DD Form 214 that properly shows credit of 1 year and 11 days of prior inactive service accounting for this service in the NCARNG minus her prior active duty during this period.  Therefore, it appears she was properly credited with appropriate time in Item 12e of this DD Form 214.

3.  She enlisted in the RA on 3 December 1996 and she served continuously until her discharge on 18 May 2000.  She was issued a DD Form 214 properly crediting her with 3 years, 5 months, and 16 days of net active service.  The evidence of record also shows she completed over 11 months of prior active service; therefore, it appears she was properly credited with appropriate time in Item 12d of this DD Form 214.

4.  The evidence further shows she completed 4 years, 8 months, and 6 days of prior inactive service.  She completed 11 months and 16 days of prior active service during this period; therefore, it appears she was properly credited with appropriate time in Item 12e of her 2000 DD Form 214.

5.  The evidence of record confirms in 1995 and 1996 she was authorized the Army Reserve Components Achievement Medal and Army Reserve Components Achievement Medal with Numeral 1 (both the same, first award).  Therefore, her 2000 DD Form 214 should be corrected to show this award.

6.  Orders awarded her the Army Good Conduct Medal for the period 27 January 1996 to 26 January 1999.  The orders state this is the second award; however, it appears she was awarded the Army Reserve Components Achievement Medal for her exemplary period of service in the NCARNG.  She enlisted in the RA in1996 and in accordance with pertinent regulations was eligible for the first award of the Army Good Conduct Medal in 1999.  She was discharged in 2000.  Therefore, she is entitled to award of one Army Good Conduct Medal and its addition to her 2000 DD Form 214.

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 adding to the DD Form 214 for the period ending 18 May 2000 the Army Good Conduct 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:

	a.  deleting from Item 12e of her 1993 DD Form 214 the entry "01  00  11"; 

	b.  deleting from Item 12e of her 2000 DD Form 214 the entry "0003  06  10"; 

	c.  adding the 2nd award of the Army Good Conduct Medal to her 2000 DD Form 214.



      ____________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)                                         AR20120000026



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ABCMR Record of Proceedings (cont)                                         AR20120000026


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