RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 December 2005
      DOCKET NUMBER:  AR20050005833


      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. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, the award of the Army Good Conduct
Medal (AGCM).

2.  The applicant states, in effect, he should be awarded the AGCM for the
active duty (AD) service he performed while a member of the United States
Army Reserve (USAR) and New Mexico Army National Guard (NMARNG).  He also
states that his command did not initiate the paperwork necessary for award
of the AGCM and that perhaps a Reserve medal was not available at the time
of his separation.

3.  The applicant provides numerous document extracts taken from his
Military Personnel Records Jacket (MPRJ) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 July 1989.  The application submitted in this case is dated
1 March 2005.

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’s military records show he enlisted in the ARNG on 17 May
1988, for a period of 8 years.  An Active Duty Report (DD Form 220) on file
shows he entered active duty on 10 June 1988, and that he served in that
status until 12 August 1988.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
DD Form 214 that shows he entered active duty again on 25 May 1989 and
continuously served in that status until being released from active duty on
28 July 1989, by reason of completion of military occupational specialty
(MOS) training.  The separation document issued at that time shows he
completed 2 months and 4 days active duty service and that he was
transferred to the NMARNG.

5.  The applicant’s MPRJ also contains a National Guard Bureau (NGB) Report
of Separation and Record of Service (NGB Form 22), which shows he served in
the NMARNG from 17 May 1988 through 1 September 1993, at which time he was
discharged by reason of "unsatisfactory performance".  At the time, he had
completed 5 years, 3 months, and 15 days of military service.  Item 15
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded This
Period) shows he received the following awards during his tenure in the
NMARMG:  Army Service Ribbon; National Defense Service Medal; New Mexico
Out Unit Citation; and New Mexico Perfect Attendance Ribbon.

6.  Item 18 (Remarks) includes the entry " Active Federal Service (IADT)
This Period:  880610-880812 and 890525-890728", which confirms he completed
a total of 4 months and 6 days active military service.  Item 18 also shows
that he was assigned to the USAR Individual Ready Reserve (IRR) to complete
the 2 years, 8 months, and 15 days that remained of his statutory military
service obligation.  Item 24 (Character of Service) shows the applicant
received a "General, Under Honorable Conditions" discharge (GD).

7.  The applicant provides an ARNG Current Annual Statement prepared on
23 July 1991.  This document indicates he accumulated 313 retirement points
and 3 years creditable service towards eligibility for retired pay.

8.  USAR Personnel Center Orders Number (#) D-05-646406, dated 21 May 1996,
shows the applicant received an honorable discharge (HD) from the USAR on
21 May 1996.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 of the awards
regulation prescribes the policy for award of the AGCM.  It states, in
pertinent part, that the AGCM is awarded to Active Component enlisted
soldiers who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  The
normal qualifying period is 3 years.  In those cases when the period for
the first award ends with the termination of a period of Federal military
service, a period of more than 1 year is considered a qualifying period for
award of the AGCM; however, this is only applicable when a member actually
leaves active duty.
10.  Paragraph 4-14 of the awards regulation prescribes the policy for the
Army Reserve Components Achievement Medal (ARCAM), which is awarded to Army
Reserve Component personnel in the rank of colonel and below.  It states,
in pertinent part, that it is awarded for exemplary behavior, efficiency,
and fidelity while serving as a member of the ARNG, or a member of the USAR
in a troop program unit (TPU) or an individual mobilization augmentee
(IMA).  Since
3 March 1972, the medal has been authorized upon completion of 4 years of
service with a RC unit.  Individuals must have completed 4 years of
qualifying service on or after 3 March 1972, and before 28 March 1995.
Subsequent to 28 March 1995, the period of qualifying service for award of
the Army Reserve Components Achievement Medal was reduced from 4 to 3
years.  This change is not retroactive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the AGCM has been
carefully considered.  However, by regulation the AGCM is awarded to active
component enlisted Soldiers who complete a 3 year qualifying period of
active duty service, or in the case of the first award, more than 1 year
upon termination of active duty service.  There are no provisions allowing
for award of the AGCM to RC Soldiers for completion of active duty for
training.  Therefore, there is an insufficient evidentiary basis to support
granting the requested relief.

2.  The applicant is advised that while the ARCAM is the AGCM equivalent
award for RC members, although he completed the necessary 4 year period of
service, he was discharged from the NMARNG with a GD, by reason of
unsatisfactory performance.  Therefore, he also does not meet the criteria
necessary to support this award.

3.  The evidence of record does show the applicant received an honorable
discharge from the USAR on 21 May 1996, after completing 2 years, 8 months,
and 15 days service for the period 2 September 1993 through 21 May 1996.
However, he did not complete the 4 year qualifying period of service, and
he served in the IRR, not a TPU or as an IMA.  Therefore, this period of
service also does not satisfy the regulatory criteria necessary to support
award of the ARCAM.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1996.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
20 May 1999.  He failed to 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

___TSK _  ___RLD _  __JBM__  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.




            ____Ted S. Kanamine_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005833                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/22                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1996/06/21                              |
|DISCHARGE AUTHORITY     |AR 600-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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