IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120012606 


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 two separate applications:

	a.  correction of item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) to reflect his service at III Corps, Fort Hood, TX; and

	b.  award of the National Defense Service Medal (NDSM) and the Armed Forces Reserve Medal (AFRM).

2.  The applicant states, in effect:

	a.  he wants his DA Form 2-1 to reflect his duty station at Fort Hood.  He served as a Judge Advocate General (JAG) officer at III Corps, Fort Hood from 1992 to 1995 and it is not reflected in his military record.  His DA Form 2-1 only shows he served in the U.S. Army Reserve (USAR) from 1983 to 1990 and his ARPC Form 606-E (Retirements Points Statement) shows he served in the USAR until 1995.

	b.  he should be awarded the NDSM pursuant to Executive Order 12776.

	c.  he was not awarded the NDSM or the AFRM to reflect his honorable service in the USAR.

	d.  his service for 10 years was honorable during a 12-year period.

3.  The applicant provides:

* DA Form 2-1
* ARPC Form 606E
* Orders D-12-517380, issued by the U.S. Army Reserve Personnel Center, dated 27 December 1995
* DA Form 71 (Oath of Office – Military Personnel), dated 8 July 1983
* Memorandum issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, dated 3 May 1983

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 was appointed a first lieutenant in the USAR, JAG Corps, on 
29 July 1983.  He was promoted to captain on 28 July 1987.  He was honorably discharged from the USAR on 27 December 1995.

3.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 does not show the NDSM or AFRM as authorized awards.

4.  Item 35 of his DA Form 2-1 does not show a duty assignment at Fort Hood.

5.  There is no evidence that shows the applicant was assigned to Fort Hood.

6.  There is no evidence that shows he was awarded the AFRM in the available records.

7.  He provided an APRC Form 606-E, dated 29 February 2000, that shows he had 7 qualifying years (at least 50 retirement points per year) during the period 1983 to 1995.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, and service medals and ribbons.  It states:

	a.  The NDSM is awarded for honorable active service for any period between 27 June 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.  Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through
30 November 1995.

	b.  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  The regulation states 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.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in effect at the time, prescribed instructions for preparing and maintaining the DA Forms 2-1 and 2A.  In pertinent part, it states that DA Forms 2-1 and 2A are the basic record for enlisted personnel and will be prepared and maintained for Active Army, USAR, and Army National Guard (ARNG) personnel.  The regulation also states the DA Form 2-1 is applicable to USAR and ARNG officers not in the Active Army strength.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his DA Form 2-1 corrected to show a duty assignment at Fort Hood, TX.  However, there is no evidence and he provided no evidence to support this contention.  Further, the DA Form 2-1 is prepared and maintained for Active Army and USAR personnel.  As the applicant no longer has a military status, there is no basis to make any changes to his DA Form 2-1.

2.  He served a period of qualifying service for entitlement to the NDSM.  Therefore, he should be awarded the NDSM.

3.  Since his APRC Form 606-E shows he only had 7 qualifying years (at least
50 retirement points per year) during the period 1983 to 1995, and the governing regulation states 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, there is no basis for granting his portion of his request for the AFRM.
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 issuing an appropriate document that shows his entitlement to the National Defense Service 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 DA Form 2-1 or awarding him the Armed Forces Reserve Medal.



      _______ _  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)                                         AR20120012606



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ABCMR Record of Proceedings (cont)                                         AR20120012606



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