RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 August 2006
      DOCKET NUMBER:  AR20050018216


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, award of the Armed Forces Reserve
Medal (AFRM).

2.  The applicant states, in effect, he served a total of 11 years in
Reserve Components (RC) of the United States Army, but never received the
AFRM, which is awarded for 10 years of service in the RC.  He claims that
he served in the Virginia Army National Guard (VAARNG) from 1988 to May
1990, and then once commissioned in the United States Army Reserve (USAR)
in May 1990, he served in both the active and inactive components until
being honorably discharged in July 1999.

3.  The applicant provides the following documents in support of his
application:  ARNG Discharge Certificate; United States Army Commissioning
Certificate; and United States Army Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 July 1999, the date of his discharge from the USAR.  The
application submitted in this case is dated 10 December 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 record shows that he enlisted in the VAARNG on 16
August 1988, and that he served in that RC in an enlisted status for 1
year, 9 months, and 9 days until being honorably discharged on 24 May 1990,
for the purpose of accepting an appointment as a commissioned officer.

4.  On 25 May 1990, he was commissioned a second lieutenant in the USAR,
and he served in that status until 9 July 1999, at which time he was
honorably discharged in the rank of first lieutenant.

5.  The applicant's record includes a Chronological Statement of Retirement
Points, dated 18 July 2006, which confirms that during the period he served
in the USAR between 25 May 1990 and 9 July 1999, he was credited with
50 retirement points, and a qualifying year, for only the retirement year
ending (RYE) on 24 May 1991.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 5-7 contains guidance on award of the AFRM.  It states,
in pertinent part, that it is authorized for honorable and satisfactory
service as a member or former member of one or more of the RCs of the Armed
Forces of the United States, including the Coast Guard Reserve and the
Marine Corps Reserve, for a period of 10 years of service performed within
a period of
12 consecutive years.  It further stipulates that for each year of active
or inactive status honorable service prior to 1 July 1949 in any Reserve
Component will be credited toward award.  However, for service performed on
or after 1 July 1949, a member must accumulate, during each anniversary
year, a minimum of
50 retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the AFRM and the supporting
documents he submitted were carefully considered.  However, there is
insufficient evidence to support granting the requested relief.

2.  By regulation, in order to receive credit for award of the AFRM for
service performed on or after 1 July 1949, a member must accumulate, during
an anniversary year, a minimum of 50 retirement points.  In this case, the
applicant's record confirms that during his USAR service from 25 May 1990
through 9 July 1999, he earned 50 retirement points for only the RYE on 24
May 1991.  He failed to earn the necessary 50 retirement points during any
of the other 9 years he served in the USAR.  Therefore, he did not meet the
10-year qualifying year requirement necessary to support award of the AFRM.
 As a result, there is an insufficient evidentiary basis to support
granting the requested relief.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 July 1999, the date of his discharge
from the USAR.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 8 July 2002.  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

___RTD _  __DAC__  ___RMN_  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.




                            _____Richard T. Dunbar___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050018216                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/07/09                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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