IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080013024 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Reserve Components Achievement Medal (ARCAM) (2nd Award).  

2.  The applicant states, in effect, that having completed less than 3 years service in a Troop Program Unit (TPU) from 19 January 1999 through his transfer to the Retired Reserve on 1 June 2001, his previous unit administrator informed him that he was ineligible to receive a second ARCAM.  He also states that the Army awards regulation provides that consecutive unit service can be credited and Ready Reserve service time between units will not be considered a break in service.  He believes that if under this provision mobilized service is creditable then he is eligible for a second award of the ARCAM.  The applicant further states that his initial ARCAM award period should have ended upon completion of 3 years of qualifying service on 27 June 1996 vice 12 August 1996.

3.  The applicant provides the following documents in support of his application:  self-authored service timeline; United States Army Personnel Command (PERSOM) memorandum, Subject:  ARCAM, dated 12 August 1996; Authorization for Issuance of Awards (DA Form 1577); various assignment, annual training, inactive duty, and attachment Orders with amendments; United States Army, Europe Mobilization Support Center endorsement, dated 5 February 1997; and Detachment B, 510th Personnel Services Battalion endorsement, dated 17 September 1997.

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’s record shows he was appointed a commissioned officer in the United States Army Reserve (USAR) on 20 May 1973, in the rank of second lieutenant (2LT), and ultimately attained the rank of lieutenant colonel (LTC) on 18 April 1997, which is the highest grade he held during his military service.

3.  The applicant provides a PERSCOM, Distribution Management and Mobilization Branch memorandum, dated 12 August 1996, which requested the applicant be awarded the ARCAM for the period 11 December 1992 to the present [date unspecified].

4.  PERSCOM, St. Louis, Missouri (currently known as United States Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis)) published the following orders on the dates indicated, which document the applicant's assignment to the USAR Control Group (IMA) during the period between at least 24 April 1996 and 26 January 1997:  Orders T-040697797, dated 24 April 1996; Orders H-05-629000, dated 17 May 1996; and Orders T-01-700595, dated 
13 January 1997.

5.  HRC-St. Louis Orders T-01-700595, dated 13 January 1997, ordered the applicant to active duty on 26 January 1997, for the purpose of mobilization processing.  On 28 January 1997, Headquarters, United States Army Infantry Center, Fort Benning, Georgia, issued Orders Number 028-158, which directed the applicant’s reassignment in support of Operation Joint Endeavor (OJE) for a period of 270 days.




6.  On 26 January 1997, the applicant entered active duty as a member of the USAR in support of OJE and he continued to serve on active duty for 8 months 
and 27 days until he was honorably released from active duty (REFRAD) on 22 October 1997.  The DD Form 214 he was issued shows he was transferred to the USAR Control Group (IMA) upon his REFRAD.  

7.  HRC-St. Louis published the following orders on the dates indicated that show the applicant was assigned to the USAR Control Group (Reinforcement) between from at least on or about 26 May 1998 and 23 December 1998:  Orders 
T-05-809282, dated 26 May 1998; Orders C-05-818179, dated 28 May 1998; Orders T-05-809541, dated 29 May 1998; Orders T-11-818582, dated 9 November 1998; Orders T-11-818582A01, dated 20 November 1998; and Orders C-12-842625, dated 23 December 1998.  On 20 January 1999, 
HRC-St. Louis issued Orders C-01-901910, which assigned the applicant to the 347th Infantry Regiment, Fort Gordon, Georgia, effective 19 January 1999, in an IMA status.

8.  On 5 May 2001, Headquarters, 87th Division published Orders 01-125-00, which directed the applicant's transfer to the Retired Reserve, by reason of mandatory removal date, effective 1 June 2001. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4, Section III contains guidance on award of the ARCAM.  It states, in pertinent part, that the medal was authorized upon completion of 4 years service during the period 3 March 1972 through 27 March 1995.  Effective 28 March 1995, it is authorized for completion of 3 years of qualifying service.  This change is not retroactive.  It is authorized to Army personnel in the rank of colonel and below who are either members of an Army National Guard (ARNG) Unit or USAR TPU.  The medal is also awarded to USAR Soldiers serving as Individual Mobilization Augmentee (IMA) after completing qualifying service and on recommendation of the unit commander or Headquarters, Department of the Army (HQDA) official to which the IMA is assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the 2nd Award of the ARCAM was carefully considered.  However, there is insufficient evidence to support this claim. 



2.  By regulation, the ARCAM is authorized for completion of 3 years of qualifying service to members who serve in an ARNG unit, USAR TPU, or in the IMA, upon completion of the necessary qualifying service.  Members of the IMA are eligible to receive the award upon the recommendation of the commander or the HQDA official to who they are assigned as an IMA.

3.  The evidence of record shows that the applicant was recommended for award of the ARCAM for the period 11 December 1992 to "Present."  However, there is no evidence in the available record that confirm the disposition of the requested award or, if awarded, the inclusive dates of service.

4.  The applicant's record also shows he continued to serve in multiple components in the USAR through 1 June 2001, at which time he was transferred to the Retired Reserve.  Of this service, 2 years, 4 months and 13 days was served in a TPU and was clearly qualifying service for the ARCAM.  Although his IMA could have qualified under certain circumstances with the recommendation of the commander or HQDA official for whom he served during his periods of IMA service, there is no evidence suggesting his IMA service qualified or that he was recommended for these periods by the proper IMA commander or HQDA official. As a result, given he was determined to be ineligible for the award in question by USAR personnel officials at the time of his transfer to the Retired Reserve, as he indicates in his application, there is an insufficient evidentiary basis to conclude the regulatory criteria necessary to qualify him for a 2nd Award of the ARCAM has been met in this case.  

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

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.



      _________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013024



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ABCMR Record of Proceedings (cont)                                         AR20080013024



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