RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060004366


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 award of the Army Reserve Components Achievement
Medal (ARCAM).

2.  The applicant states that he meets all or the requirements for the
award, except for the recommendation of the commanding officer.  He relates
that he did not know about the award at the time or he would surely have
obtained that recommendation.

3.  The applicant provides copies of his Chronological Statement of
Retirement points and two Officer Evaluation Reports for annual training
periods ending on 23 January 1976 and 21 January 1977.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 February 1982, the day he transferred to the Retired
Reserve.  The application submitted in this case is dated 1 March 2006.

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 now on the Army of the United States Retired List was an
enlisted and then a warrant officer member of the Indiana Army National
Guard from 1948 to 1975 with a break between 1960 and 1972.  He served in
the United States Army Reserve (USAR) from 1974 until he transferred to the
Retired Reserve on 9 February 1982.

4.   Subsequent to 3 March 1972, when the ARCAM was first authorized, the
applicant served successfully in a troop program unit from 6 June 1971 to
30 April 1975 and as a Mobilization Designee [now the Individual
Mobilization Augmentee (IMA)] from 25 August 1975 to 29 June 1978.

5.  There is no available evidence to show that the applicant was ever
recommended for the ARCAM.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Reserve Components Achievement Medal is authorized for award
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 Army Reserve
Components Achievement Medal is reduced from 4 to 3 years.  This change is
not retroactive.  Such years of qualifying service must have been
consecutive.  A period of more than 24 hours between Reserve enlistments or
officer’s service will be considered a break in service.  Credit toward
earning the award must begin anew after a break in service.  The bronze oak
leaf cluster is awarded to denote the second and succeeding awards of a
certain decorations, among which is the Army Reserve Components Achievement
Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence that the applicant was ever recommended
for the ARCAM.  The commander’s recommendation is an essential element.  In
the absence of such a recommendation there is no basis for the award.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 February 1982, the day he
transferred to the Retired Reserve; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 8
February 1985.  The applicant did not 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

__JPI ___  __KSJ___  __GJP __  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.




                                  _       John P. Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 142.00|                                        |
|2. 107.00               |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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