BOARD DATE:	 8 January 2015 

		DOCKET NUMBER:  AR20140008618 


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 an Army Good Conduct Medal (AGCM), two awards of the Armed Forces Reserve Medal (AFRM), and all other awards he may be entitled to based on his active duty service. 

2.  He states his request for the AGCM is based on service of more than one year in Panama from 1989 to 1990.  He adds the first award of the AFRM is based on his service in a Reserve Component (RC) from February 1988 to February 2001 which runs concurrently with his active duty service.  The second award of the AFRM is for his service outside the Continental United States in Jamaica (1993) and Panama (1995).

3.  He provides:

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 116-72, dated 17 June 1993
* U.S. Coast Guard Reserve Retirement Point Statement 
* Standard Travel Order, dated 8 June 2010
* Memorandum, Subject:  Notification of Completion of Satisfactory Federal Service, dated 31 May 2010




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 2 February 1988.  He was honorably released from active duty on 23 January 1990 and credited with completing 1 year, 11 months, and 22 days of active duty service. 

3.  His DD Form 214 does not list the AGCM.

4.  There are no records available during his active duty service.

5.  On 24 January 1990, the applicant enlisted in the Army National Guard (ARNG).  He remained in the ARNG until he was honorably discharged on
25 May 1993 for enlistment in the U.S. Army Reserve (USAR) which was accomplished the following day.

6.  His record is void of any evidence, such as a DD Form 214, to show he was ordered to active duty during a mobilization or a contingency operation while assigned in the USAR.

7.  On 29 May 2001, he was honorably discharged from the USAR and subsequently enlisted in the U.S. Coast Guard Reserve.

8.  His AHRC Form 249-E (Chronological Statement of Retirement Points) shows during his service in the USAR he was credited with a total of 3 years of qualifying service toward a nonregular retirement. 
 
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.
   
   b.  The AFRM is awarded for honorable and satisfactory service as a member of one or more of the RC for a period of 10 years.  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. 

   c.  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.

	d.  The "M" Device will be worn on the AFRM to denote service by RC personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

   e.  Service in a regular component of the Armed Forces, including the Coast Guard, is excluded except that service in a RC which is concurrent in whole or in part with service in a regular component will be included.

DISCUSSION AND CONCLUSIONS:

1.  There are no documents and the applicant did not provide any to show his conduct and efficiency during his active duty service.  Therefore, in the absence of a positive recommendation by his immediate commander, he is not entitled to the award of the AGCM.

2.  There is no evidence in the available records which shows the applicant served a qualifying period of service for the first award of the AFRM.  Likewise, there is no evidence to show he was called to active duty during a mobilization or a contingency operation.  Absent such evidence, there is no basis to grant his request for any additional awards.

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)                                         AR20140008618





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ABCMR Record of Proceedings (cont)                                         AR20140008618



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