BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005881 


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 (Certificate of Release or Discharge from Active Duty) to show award and issuance of the:

* Army Achievement Medal (AAM)
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Armed Forces Reserve Medal (AFRM)
* any other authorized medals

2.  The applicant states:

* he was assigned to the 95th Military Police Battalion from September 1985 to February 1987 in military occupational specialty 95B (Military Police)
* he participated in a program developed by his battalion commander called the Mobile Security Team (MST) for 90 days and all members of the team were awarded an AAM upon completion of their assignment with the team
* several other members of the MST have never had the AAM added to their DD Forms 214
* he researched and discovered he is eligible for the AAM and AFRM

3.  The applicant provides no additional evidence.



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 Regular Army on 5 March 1985.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the:

* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

4.  Records show the applicant received numerous counseling statements for the following infractions:

* on 24 October 1985 – failing to repair and failing to obey an order
* on 17 April 1986 – dereliction of duty
* on 15 May 1986 – writing dishonored checks
* on 10 September 1987 – failing to obey an order
* on 28 September 1987 – failing to obey an order
* on 19 October 1987 – bar to reenlistment

5.  On 18 April 1986, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice.  His NJP included a suspended reduction to the rank/grade of private/E-2.  On 26 May 1986, his suspended NJP was vacated due to writing bad checks totaling $2,145.00.

6.  On 15 May 1986, his check cashing privileges were suspended on post due to a previous offense of dishonored check writing.

7.  On 13 June 1986, a bar to reenlistment was initiated against him for:

* unprofessional and unpredictable behavior
* writing $1,000.00 worth of bad checks to American Express
* revoked check cashing privileges for writing bad checks on post
* receipt of a letter of indebtedness from American Express for $1,975.00 in bad checks

8.  On 23 June 1986, his bar to reenlistment was approved.

9.  On 13 November 1987, the applicant was notified by his commander of his intent to initiate separation action against him for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 13.  The basis for the separation action was the applicant's failure to overcome his bar to reenlistment after the second 6-month review.

10.  Having been advised by consulting counsel, he acknowledged he had been counseled regarding the basis for the contemplated separation, its effects, and the rights available to him.  He was also informed he could expect to encounter substantial prejudice in civilian life if he were issued a general discharge under honorable conditions.

11.  On 13 November 1987, the separation authority approved the applicant's separation for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13, and directed characterization of his service as honorable.

12.  On 24 November 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows he completed 2 years, 8 months, and 20 days of active military service.  His DD Form 214 does not show award of the AAM, AGCM, NDSM, or AFRM.

13.  On 1 September 1999, he was honorably discharged from the USAR.

14.  His records are void of and he failed to provide orders authorizing him any additional awards and decorations.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Individuals for whom a bar to reenlistment has been approved are not eligible for award of the Army Good Conduct Medal.

	c.  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.

	d.  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.  Also qualifying for this award are members who were called to active duty on or after 1 August 1990 and served under Title 10, U.S. Code, sections 12301(a), 12302, 12304, or 12406, or, in the case of the U.S. Coast Guard Reserve, Title 14, U.S. Code, section 712.  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 Title 10, U.S. Code, section 101(A)(13).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AAM, AGCM, NDSM, AFRM, and any other authorized award was carefully considered.

2.  With respect to the:

	a.  AAM, his records are void of and he failed to provide orders awarding him this medal.  Therefore, he is not entitled to the requested relief;

	b.  AGCM, he received a bar to reenlistment that made him ineligible for this award.  Therefore, he is not entitled to the requested relief;

	c.  NDSM, he did not serve during an authorized period for this award.  Therefore, he is not entitled to the requested relief; and

	d.  AFRM, he did not complete 10 qualifying years of Reserve Component service or serve on active duty in support of specific U.S. military operations or contingencies on or after 1 August 1990 for this award.  Therefore, he is not entitled to the requested relief.

3.  His records are void of and he failed to provide orders authorizing him any additional awards.  Therefore, he is not entitled to any additional awards and decorations.

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 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)                                         AR20140005881



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ABCMR Record of Proceedings (cont)                                         AR20140005881



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