BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120004427
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) by adding the following awards:
* National Defense Service Medal (NDSM)
* Army Reserve Components Achievement Medal (ARCAM)
* Army Service Ribbon (ASR)
* Armed Forces Reserve Medal (AFRM)
2. He states he is currently serving with the 555th Honors Detachment, Western Reserve National Cemetery, Rittman, OH and would like his DD Form 214 to be complete.
3. The applicant provides:
* a Standard Form (SF) 180 (Request Pertaining to Military Records)
* descriptions of each requested award from the internet
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. He was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 8 June 1959. His DD Form 214 shows he completed training as an Infantry Officer and was released from active duty (REFRAD) on 12 March 1960 and transferred to his USAR unit.
3. The applicant continued to serve in various duty positions and USAR units from 13 September 1959 until his removal from an Active Reserve status in 1971 and transfer to the USAR Control Group (Reinforcement).
4. His record further shows he was honorably discharged from the USAR on
23 March 1972.
5. His record is void of documentation showing his qualifying years of service for retired pay.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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.
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. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.
c. The ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before
1 August 1981 provided they had an Active Army status on or after 1 August 1981.
d. The conditions for award of the AFRM 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. The Ten-Year Device (hourglass with Roman numeral X) is authorized for wear on the AFRM to denote each 10-year period of Reserve Component service. The first 10-year period is denoted by a bronze hourglass.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The instructions state, in part, that all awards earned as of the date of separation, as verified from the Soldiers record, will be entered. There are no provisions for adding awards earned subsequent to the date the Soldier was REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested to add the NDSM, ARCAM, ASR, and AFRM to his DD Form 214.
2. The ARCAM and ASR were authorized for award during periods which occurred after his discharge from the USAR. As a result, he is not entitled to these awards.
3. Although his record shows he served as a USAR officer in an Active Reserve status from 13 September 1959 through a date in 1971 for a period of at least
11 years his record is absent of documentation that confirms at least 10 of those years were qualifying years of service for retired pay. In the absence of such evidence, he is not entitled to award of the AFRM with 10-Year Device.
4. The applicant has not provided sufficient evidence to show he had any active service during a period which entitles him to award of the NDSM. Therefore, he is not entitled to award of the NDSM.
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) AR20120004427
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