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ARMY | BCMR | CY2003 | 2003086029C070212
Original file (2003086029C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 9 September 2003
                  DOCKET NUMBER: AR2003086029

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: That he be awarded the Army Reserve Components Achievement Medal (ARCAM).

APPLICANT STATES: That he had faithful service from December 1996 through December 1999. He was told he would receive his discharge papers and the ARCAM in the mail but he never received either of them. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

That, after having had prior service in the U. S. Marine Corps, he enlisted in the Army National Guard (ARNG) on 31 December 1996 for 3 years.

On 23 March 1998, the applicant was transferred to the Inactive National Guard.

On 30 December 1999, the applicant was separated from the ARNG upon completing 3 years of service.

The applicant's ARNG Retirement Points History Statement shows that he had 1 qualifying year of service for retirement year 31 December 1996 - 30 December 1997; a partial qualifying year (2 months and 22 days) for retirement year 31 December 1997 - 30 December 1998; and no qualifying service for retired pay for retirement year 31 December 1998 - 30 December 1999.

Army Regulation 600-8-22 (Military Awards) states that the ARCAM is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or U. S. Army Reserve (USAR) troop program unit (TPU) or as an individual mobilization augmentee (IMA). The individual must have been a member of an ARNG unit or USAR TPU, excluding soldiers in an active guard/reserve (AGR) status. Since 3 March 1972, the medal has been authorized on completion of 4 years' service with a Reserve Component unit. The individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995). Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years. A member must be recommended for the award by his or her until commander whose recommendation is based on personal knowledge of the individual and the individual's official records of periods of service under prior commanders during the period for which the award is made.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board notes that the applicant served a 3-year enlistment in the ARNG. However, he did not meet the eligibility requirements for award of the ARCAM as he did not serve 3 qualifying years of service.

3. A copy of the applicant's NGB Form 22 will be provided to him.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__slp___ __wtm___ __tap___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003086029
SUFFIX
RECON
DATE BOARDED 20030909
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0058
2.
3.
4.
5.
6.


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