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Decision Text

ARMY | BCMR | CY2002 | 2002075143C070403
Original file (2002075143C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 October 2002
         DOCKET NUMBER: AR2002075143


         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. Carl W. S. Chun Director
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Walter T. Morrison Member
Mr. Charles Gainor Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he earned three Army Achievement Medals (AAMs); that he served in the Individual Ready Reserve (IRR) U. S. Army Reserve Control Group (USAR) (Reinforcement), not the inactive Reserve, for three years; that he trained at Fort Sill, OK as a Reserve drill sergeant and completed correspondence courses; that he was promoted to Staff Sergeant. He also requests that he be awarded the Army Reserve Component Achievement Medal (ARCAM).

3. The applicant states that he enlisted in the IRR during his outprocessing from the Regular Army in the rank of Sergeant, E-5. He served in the IRR for three years, attended schools and took Army correspondence courses, trained as a USAR drill sergeant, and was promoted to Staff Sergeant, E-6. He believes this service qualifies him for award of the ARCAM for "exemplary behavior, efficiency, and fidelity while serving 3 years as a member of the Army National Guard, USAR TPU, or as an individual augmentee."

4. The applicant’s military records show that he enlisted in the Regular Army on 15 August 1978. He had previously been awarded the AAM and the AAM 1st oak leaf cluster. Permanent Orders 227-14, Headquarters, U. S. Army Field Artillery Center and Fort Sill dated 13 December 1983 awarded him the AAM 2d oak leaf cluster. He was released from active duty on 14 December 1983 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he was awarded two AAMs.

5. The applicant was promoted to Staff Sergeant in the IRR effective 1 May 1986. He was discharged from the Ready Reserve (USAR Control Group (Reinforcement)) effective 14 December 1986.

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. It establishes standardized policy for the preparation of the DD Form 214. 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.

7. Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR soldiers. It states that the Ready Reserve consists of soldiers assigned to TPUs and USAR control groups. It states that the Selected Reserve consists of soldiers assigned to troop program units (TPUs), Control Group Individual Mobilization Augmentee (IMA), and Control Group (Active Guard Reserve (AGR)). It states that the IRR consists of pretrained individual soldiers assigned to various control groups for control and administration who are available for mobilization. The USAR Control Group (Reinforcement) has no mandatory training requirement (although IRR reenlistment bonus recipients contractually incurred a training obligation).

8. Army Regulation 600-8-22, the current version dated 25 February 1995, prescribes Army policy and criteria concerning individual military awards. Paragraph 4-14 states the ARCAM is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or USAR TPU or as an IMA. Paragraph 4-18 states that, since 3 March 1972, the medal has been authorized on completion of 4 years' service with a Reserve Component unit. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation. Beginning on the effective date of this regulation, the period of qualifying service for award of the ARCAM is reduced from 4 to 3 years. That is, soldiers completing 3 years of qualifying service on or after the effective date of this publication are eligible for ARCAM consideration. This change is not retroactive.

CONCLUSIONS:

1. The applicant was awarded the AAM 2d oak leaf cluster the day before he was released from active duty. That appears to have been too late to add it to his DD Form 214 although it should have been added.

2. The DD Form 214 is meant to be a record of the applicant's service during the period he was on active duty. Any awards, courses, or promotions he received after he was released from active duty on 14 December 1983 would not be entered on it.

3. The applicant's DD Form 214 does not show he was in the inactive Reserve. Item 9 shows he was in the Ready Reserve as a member of the USAR Control Group (Reinforcement).

4. The applicant does not meet the eligibility criteria for award of the ARCAM for two reasons. First, he was a member of the Ready Reserve; however, membership in the Selected Reserve (i.e., in a TPU or as an IMA) is required. Second, at the time he served in the USAR 4 years of qualifying service was required. The time period was not reduced to 3 years until 25 February 1995 (after he was discharged from the USAR in 1986) and was not retroactive.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to show he was awarded three Army Achievement Medals.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__INW__ __WTM__ __CG __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Irene N. Wheelwright___
                  CHAIRPERSON




INDEX

CASE ID AR2002075143
SUFFIX
RECON
DATE BOARDED 2002/10/03
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 110.04
2. 100.00
3.
4.
5.
6.



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