RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060014885 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Gerard W. Schwartz Acting Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. John T. Meixell Chairperson Mr. Thomas H. Ray Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, 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) with the ending period 14 December 1985 to show award of the National Defense Service Medal, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and New Jersey Good Conduct Ribbon 2nd Award. 2. The applicant states, in effect, that at the time his DD Form 214 was prepared his NGB Form 22 (Report of Separation and Record of Service) was not available to show he had additional military awards to add to his DD Form 214. He states that he was told by an official that he could submit the document later. 3. The applicant provides his NGB Form 22 with the ending period 3 November 2002. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 14 December 1985. The application submitted in this case is dated 13 October 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant enlisted in the New Jersey Army National Guard (NJARNG) on 3 July 1985 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 63B (Light Wheel Vehicle/Power Generator Mechanic). 4. A DD Form 214 with the ending period 14 December 1985 shows that the applicant was awarded the Army Service Ribbon. 5. On 3 November 2002, the applicant was honorably discharged from the NJARNG. His NGB Form 22 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Achievement Medal 2nd Award, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and New Jersey Good Conduct Ribbon 2nd Award. 6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the National Defense Service Medal, the "NJSSR," the New Jersey State Service Award, the New Jersey Merit Award, and the New Jersey Good Conduct Ribbon 2nd Award should be added to his DD Form 214 with the ending period 14 December 1985. However, he may be authorized the above mentioned awards, but it would be for service outside the period covered by the DD Form 214 and therefore are not authorized to be entered on his DD Form 214. 2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1985; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 December 1988. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JTM __ __THR __ ___RMN_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. _____John T. Meixell _ CHAIRPERSON INDEX CASE ID AR20060014885 SUFFIX RECON DATE BOARDED 17 APRIL 2007 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY MR. SCHWARTZ ISSUES 1. 107.0069.0000 2. 107.0000.0000 3. 4. 5. 6.