RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 October 2007
      DOCKET NUMBER:  AR20070002675


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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) and the National Defense Service Medal (NDSM).

2.  The applicant states, in effect, that he served honorably in the United
States Army Reserve (USAR) from 2 August 1990 through 30 November 1995.  He
also states, in effect, that he believes he is entitled to award of the
ARCAM because of his honorable Army National Guard (ARNG) service during
the period 11 July 1995 and 17 July 2001.

3.  The applicant provides copies of his Chronological Statement of ARNG
Retirement Points History Statement, 5 copies of his Leave and Earnings
Statements (LES), and a copy of his discharge certificate from the United
States Army Reserves (USAR).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 September 2000, the day he was transferred to the
United States Army Reserves (USAR) Control Group.  The application
submitted in this case is dated 23 March 2006.

3.  The applicant’s military records show that he served on active duty in
the United States Air Force (USAF) from 5 January 1979 through 4 January
1983.

4.  The applicant also served in the ARNG from 12 July 1995 through
26 September 2000, at which time he was honorably discharged and
transferred to the United States Army Reserve (USAR) Control Group.  The
automated separation document issued to the applicant, in lieu of a
National Guard Bureau (NGB) Form 22 does not show award of the NDSM or the
ARCAM.

5.  On 17 July 2001, the applicant was honorably discharged from the USAR.

6.  The LES(s) the applicant was issued from 4 August 1995 through
30 November 1995 show that he was paid for attending unit training
assemblies.

7.  The applicant’s ARNG Retirement Points History Statement, prepared on
29 October 2006, shows that he served in an active duty status from 2
August 1990 through 30 November 1995.

8.  On 24 October 2004, the applicant was issued a NGB Form 22A (Correction
to NGB Form 22) to add award of the Army Service Ribbon, the NCO
Professional Development Ribbon, the Expert Marksmanship Qualification
Badge w/Pistol Bar and the Sharpshooter Marksmanship Qualification Badge
w/Rifle Bar to his military personnel records.

9.  There is no available evidence in the applicant’s records to show that
the applicant completed 3 consecutive years of qualifying service.

10.  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.  A member must
be recommended for this award by his or her unit commander whose
recommendation is based upon personnel knowledge of the individual’s
official records.  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.

11.  Military Personnel Message Number 02-150, subject:  Reinstatement of
the National Defense Service Medal, referenced Office of the Deputy
Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The
memorandum authorized reinstatement of the National Defense Service Medal.
It stated that the National defense Service Medal is awarded for honorable
active service and includes the following inclusive periods:  27 June 1950
through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990
through 30 November 1995; and 11 September 2001 to a date to be determined.
 It stated that, as a one-time only exception, members of the Army National
Guard and the USAR who were part of the Selected Reserves in good standing
were authorized the National Defense Service Medal per Executive Orders
Number 12778, dated 18 October 1991, for the period 2 August 1990 through
30 November 1995.  A bronze service star will be worn to signify receipt of
a second or subsequent award.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the ARCAM and
the NDSM.

2.  There is no available evidence that the applicant 3 consecutive years
of qualifying service.  In the absence of such evidence there is no basis
for award of the ARCAM to the applicant.

3.  The governing regulation shows that during the applicant’s military
service tenure, the NDSM was granted as a one-time exception to members of
the ARNG and the USAR selected reserves per Executive Orders Number 12788;
and was only authorized during the period between 2 August 1990 and
30 November 1995.  Therefore, he is entitled to have his records corrected
to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___AMC_  ___LMD _  ___JCR_  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 the NDSM.

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
correction of the applicant’s records to add the ARCAM.




                                  _       Ann M. Campbell______
                                            CHAIRPERSON








                                    INDEX

|CASE ID                 |AR20070002675                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/10/02                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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