RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20050002354


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 that his records be corrected to show he was
awarded the Army Commendation Medal (ARCOM), the Army Good Conduct Medal
(AGCM), the Army Reserve Components Achievement Medal (ARCAM), and the
Armed Forces Reserve Medal (AFRM).

2.  The applicant states he was awarded the ARCOM and the AGCM by his
commander when he separated from active duty the first time.  His commander
approved these awards when he separated for hardship discharge.  He also
states he was awarded the ARCAM and the AFRM during his 12-plus years in
the Reserve Components.  As he is currently serving on active duty again,
he wishes to have his records corrected, in effect, to show all his awards.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 1 August 1989; his DD
Form 214 for the period ending 9 May 1992; an NGB Form 22 (Report of
Separation and Record of Service) for the period ending 4 May 1993; an NGB
Form 22 for the period ending 29 January 2002; and discharge orders dated 3
April 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
ARCOM.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the ARCOM under the
provisions of section 1130 of Title 10, U. S. Code.  He has been notified
by separate correspondence of the procedures for applying for this
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 2 February 1987.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 11B (Infantryman).  He completed basic
airborne training.  He was promoted to Specialist Four, E-4 effective 3
October 1988.  He requested a hardship discharge (with transfer to the
Individual Ready Reserve) to take care of his mother.  His request was
approved and he was honorably released from active duty on 1 August 1989
after completing 2 years, 5 months, and 29 days of creditable active duty
with no time lost and was transferred to the U. S. Army Reserve (USAR).

3.  There is no evidence the applicant was awarded the AGCM for his first
period of service or that he was disqualified for award of the AGCM.  His
records contain no derogatory information for that period of service.

4.  On 16 December 1989, the applicant enlisted in the Army National Guard
(ARNG).  His enlistment contract is partially illegible and the period of
his enlistment cannot be determined.  He was ordered to active duty from 1
through 9 May 1992.

5.  The applicant enlisted in the USAR on 14 December 1992 for 2 years.  He
apparently did not inform the ARNG he enlisted in the USAR as the ARNG
discharged him with a general under honorable conditions discharge on 4 May
1993 as an unsatisfactory participant.

6.  The applicant enlisted in the ARNG on 25 April 2001.  He was honorably
discharged from the ARNG and as a Reserve of the Army on 29 January 2002 to
enlist in the Regular Army.  He enlisted in the Regular Army on 30 January
2002.

7.  The applicant's ARNG Retirement Points History Statement shows he was
in the USAR from 2 August 1989 through 24 April 2001 and did not enter the
ARNG until 25 April 2001.  It also shows he had no qualifying years for
retirement while he was in either the USAR or the ARNG.  A Retirement
Points History Statement was also obtained from the U. S. Army Human
Resources Command –St. Louis (USAHRC – STL). That statement also shows the
applicant had no qualifying years for retirement while in the USAR.  That
is, both statements show that he did not complete 50 or more retirement
points during any one retirement year.

8.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded
to individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is normally 3 years or, for the first award only, upon termination
of service of on or after      27 June 1950 of less than 3 years but more
than 1 year.

9.  Army Regulation 600-8-22 states that, although there is no automatic
entitlement to the AGCM, disqualification must be justified.  In instances
of disqualification as determined by the unit commander, the commander will
prepare a statement of the rationale for his or her decision.  This
statement will include the period of disqualification and will be referred
to the individual concerned for response.  The unit commander will consider
the affected individual’s statement.  If the commander’s decision remains
the same, the commander will forward his or her statement, the individual’s
statement, and his or her consideration for filing in the individual’s
Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of
the MPRJ will forward these documents for permanent filing in the
individual’s OMPF.  The immediate commander’s decision to award the Army
Good Conduct Medal will be based on his or her personal knowledge and of
the individual’s official records for the periods of service under previous
commanders during the period for which the award is to be made.  The lack
of official disqualifying comment by such previous commanders qualifies the
use of such period toward the award by the current commander.

10.  Army Regulation 600-8-22, as amended by Military Personnel Message
Number 96-196, provides for award of the AFRM for honorable and
satisfactory service as a member of one or more of the Reserve Components
of the Armed Forces of the United States for a period of 10 years.  The
conditions for award of the AFRM require that a minimum of 50 retirement
points be earned for each of the 10 qualifying years and that the
qualifying service be completed within 12 consecutive years.

11.  Army Regulation 600-8-22 provides for award of the ARCAM to Army
personnel including Active Guard Reserve officers in the rank of colonel
and below for exemplary behavior, efficiency, and fidelity while serving as
a member of an Army National Guard or Army Reserve troop program unit or as
an individual mobilization augmentee.  Since 3 March 1972 the medal has
been authorized on completion of 4 years service with a Reserve Component
unit.  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 the effective date of this regulation, the
period of qualifying service for award of the ARCAM is reduced from 4 to 3
years.  This change is not retroactive.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant met the eligibility criteria for award of the
AGCM for the period 2 February 1987 through 1 August 1989.  There is no
derogatory information in his records from this period of service.  He had
been promoted to Specialist Four, E-4 effective 3 October 1988.  There is
no evidence of record to show his commander disqualified him for award of
the AGCM.  Therefore, it would be equitable to award him the AGCM.

2.  The evidence of record shows the applicant did not meet the eligibility
criteria for award of the ARCAM and the AFRM.

3.  The applicant had continuous Reserve Component service from 2 August
1989 through 29 January 2002.  He completed his first 10 years of Reserve
Component service on 1 August 1999.  However, the available evidence of
record shows he did not complete any qualifying years during his Reserve
Component service.  The ARCAM requires 10 qualifying years of service out
of 12 to establish eligibility for the award.  The AFRM requires 4 (or 3,
after           28 March 1995) qualifying years of service to establish
eligibility for the award.

4.  It is noted both the ARNG and USAR Retirement Points History Statements
for the applicant appear to contain errors.  The applicant may contact the
California ARNG or the Chief, National Guard Bureau for correction of his
ARNG Retirement Points History Statement and the USAHRC - STL for
correction of his USAR Retirement Points History Statement.  If correction
of those statements results in enough qualifying years to make him eligible
for either the ARCAM or the AFRM, he may submit a request for
reconsideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __rld___  __jrm___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 awarding him the first award of the Army Good
Conduct Medal for the period       2 February 1987 through 1 August 1989.

2.  The Board further determined that 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 Reserve Components Achievement Medal and the Armed Forces
Reserve Medal.




            __Shirley L. Powell___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002354                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0076                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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