IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110021806 


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) for the period ending 24 February 2010 to show award of the Joint Service Commendation Medal and Army Achievement Medal.

2.  He states he received the awards after his DD Form 214 was produced. 

3.  He provides his Joint Service Commendation Medal and Army Achievement Medal certificates.

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.  His military records show he enlisted in the Army National Guard (ARNG) on 22 August 2006.  He was trained in and awarded the military occupational specialty of 92S (Shower, Laundry, and Clothing Repair Specialist).

3.  Permanent Orders 027-02, dated 27 January 2008, awarded him the Army Achievement Medal for outstanding achievement during the period 6 January to 26 January 2008.

4.  On 16 May 2009, he entered active duty in support of Operation Enduring Freedom.

5.  His records maintained in the interactive Personnel Electronic Records Management System contain a certificate showing he was awarded the Joint Service Commendation Medal, on 2 November 2009, for meritorious service.

6.  He was honorably released from active duty, on 24 February 2010, for completion of required active service and transferred back to the ARNG.  He completed 9 months and 9 days of creditable active service during this period.  

7.  His DD Form 214 for the period ending 24 February 2010 shows the:

* Afghanistan Campaign Medal with campaign star
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* North Atlantic Treaty Organization Medal

8.  His records show he is entitled to additional awards and decorations, which he did not request and are not shown on his DD Form 214.

9.  A State of Utah ARNG Memorandum for Record, dated 21 September 2008, awarded him the Army Reserve Component Overseas Training Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders 027-02 awarded him the Army Achievement Medal.  As such, he is entitled to have this award added to his DD Form 214 for the period ending 24 February 2010.

2.  While orders awarding him the Joint Service Commendation Medal are not available, his records maintained in the iPERMS contain a certificate showing he was awarded the Joint Service Commendation Medal, on 2 November 2009, for meritorious service.  As such, it would be appropriate to add this award to his DD Form 214 for the period ending 24 February 2010.

3.  A State of Utah ARNG Memorandum for Record awarded him the Army Reserve Component Overseas Training Ribbon.  As such, it would be appropriate to add this award to his DD Form 214 for the period ending 24 February 2010.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Joint Service Commendation Medal, Army Achievement Medal, and Army Reserve Component Overseas Training Ribbon to his DD Form 214 for the period ending 24 February 2010.



      _______ _   __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)                                         AR20110021806



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ABCMR Record of Proceedings (cont)                                         AR20110021806



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