AR20150009712

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009712

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x_____ __x______ __x___ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009712

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is 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 adding the National Defense Service Medal to his DD Form 214.

2. The Board further determined 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 award of the Army Good Conduct 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.

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20150009712

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 DDForm214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and National Defense Service Medal.

2. The applicant states:

* he supplied proof of the Army Good Conduct Medal
* his dates of service on his DDForm214 support him being awarded the National Defense Service Medal

3. The applicant provides:

* letter from the Veterans Affairs Director, County of Union, PA, dated 28May 2015
* Army Good Conduct Medal Certificate
* excerpt from the Code of Federal Regulations, Title32, pertaining to the National Defense Service Medal

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 Army National Guard on 11September 1981. He was ordered to full-time National Guard duty in an Active Guard Reserve (AGR) status in the rank of specialistfour for a period of 3years from 30March 1987 to 29March 1990. On 16January 1990, he was again ordered to full-time National Guard duty in an AGR status in the rank of staffsergeant for a period of 4years from 30March 1990 to 29March 1994.

3. He provided his Army Good Conduct Medal Certificate for the period 30March 1987 to 30March 1990.

4. He was released from active duty in an AGR status on 30September 1991.

5. His DDForm214 for this period shows he was honorably released from AGR duty under the provisions of National Guard Regulation600-5 (The AGR Program), chapter6, for voluntary separation in lieu of adverse personnel actions. His DDForm214 does not show the Army Good Conduct Medal or National Defense Service Medal as authorized awards.

6. There are no orders for the Army Good Conduct Medal in the applicant’s available records.

7. Item9 (Awards, Decorations, and Campaigns) of his DAForm2-1 (Personnel Qualification Record PartII) does not show award of the Army Good Conduct Medal or National Defense Service Medal.

8. He was discharged from the Army National Guard on 1November 1991 and assigned to the U.S.Army Reserve Control Group (Annual Training).

REFERENCES:

1. Army Regulation600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3years 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.

b. The National Defense Service Medal is awarded for honorable active service for any period between 27June 1950 and 27July 1954, 1January 1961 and 14August 1974, 2August 1990 and 30November 1995, and 11September 2001 and a date to be determined. Executive Order12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U.S.Army Reserve who were part of the Selected Reserve in good standing during the period 2August 1990 through 30November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible.

2. Chapter6 of National Guard Regulation600-5 provides for separation from the AGR Program. Paragraph6-3 provides for voluntary separation.

DISCUSSION:

1. The applicant’s request to add award of the Army Good Conduct Medal to his DDForm214 was carefully considered. However, there are no orders awarding him the Army Good Conduct Medal in his available records. In the absence of orders, the Army Good Conduct Medal Certificate alone is not sufficient as a basis for adding this award to his DDForm214.

2. The applicant served a qualifying period of service for award of the National Defense Service Medal. His DD Form 214 does not show this medal.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009712

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009712

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2