IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014346 


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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 March 1970 to show the National Defense Service Medal, Army Reserve Components Achievement Medal, and the Meritorious Service Medal. 

2.  The applicant states he was issued the National Defense Service Medal but it is not shown on his DD Form 214.  He served on active duty for basic training (BT) and advanced individual training (AIT).  His unit was activated on 24 May (i.e., 24 March) 1970.  He should have received the Army Reserve Components Achievement Medal and the Meritorious Service Medal but he was transferred from a supply unit at Fort Hamilton, NY, to a chemical unit in Queens, NY.  He completed his U.S. Army Reserve (USAR) service on 1 October 1974.

3.  The applicant provides two DD Forms 214; a certificate; and three pages of printouts describing the National Defense Service Medal, Army Reserve Components Achievement Medal, and the Meritorious Service Medal.

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 USAR on 28 October 1968.  He was assigned to the 1178th Staging Station, Fort Hamilton, NY.  He was ordered to active duty for training (ADT) as a member of the USAR and he entered ADT on 23 May 1969.

3.  He completed BT and AIT and he was honorably released from ADT on 19 September 1969 to the control of the USAR.  He completed 3 months and 27 days of net active service.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He was ordered to active duty as a member of his USAR unit under Title 10, U.S. Code 673 and Presidential Proclamation, dated 23 March 1970.  He entered active duty on 24 March 1970 at Fort Hamilton.  He was honorably released from active duty on 26 March 1970 to the control of the USAR.  He completed 3 days of net active service.

6.  Item 24 of the DD Form 214 he was issued for this period of service contains the entry "Not Applicable (NA)."

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) by orders dated 9 July 1969.

8.  His record is void of orders showing he was awarded the Army Reserve Components Achievement Medal or the Meritorious Service Medal.  

9.  On 14 October 1972, he was promoted to the rank/grade of specialist four (SP4)/E-4.  On 27 October 1973, he was transferred to the USAR Control Group (Standby Reserve).  On 1 October 1974, he was honorably discharged from the USAR in the rank of SP4.

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

	a.  National Defense Service Medal 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.  During these periods, service members in the following categories will not be eligible for the National Defense Service Medal: (1) members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program, (2) any service member on temporary duty (TDY) or temporary active duty (TAD) to serve on boards, courts, commissions, and like organizations, (3) any service member on active duty for the sole purpose of undergoing a physical examination.  

	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.

	c.  Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version in effect at the time stated in item 24 enter from item 41 of the DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant service on active duty during a qualifying period for award of the National Defense Service Medal and he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 9 July 1969.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 26 March 1970 accordingly.  

2.  With respect to the Army Reserve Components Achievement Medal, the criteria for this award requires a member of the Reserve Components to have completed 4 years of qualifying service on or after 3 March 1972.  Even if the applicant had qualified for this award after 3 March 1972, the DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty.  There are no provisions for adding awards to the DD Form 214 which were awarded, or a Soldier qualified for, after the Soldier was released from active duty.  Therefore, he is not entitled to this portion of the requested relief. 

3.  With respect to the Meritorious Service Medal, his record is void of orders showing he was awarded the Meritorious Service Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Meritorious Service Medal.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show this medal.

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 amending his DD Form 214 for the period ending 26 March 1970 by adding the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
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 the Army Reserve Components Achievement Medal and the Meritorious Service 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)                                         AR20140014346





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ABCMR Record of Proceedings (cont)                                         AR20140014346



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