BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090007904 


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, a promotion and award of the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states, in effect, that he was originally enlisted in the Junior Reserve Officers’ Training Corps (ROTC) in the rank of private first class (PFC)/pay grade E-3 during high school, that he enrolled in the Senior ROTC in the Simultaneous Membership Program (SMP) with the U.S. Army Reserve (USAR), that he transferred to the Indiana Army National Guard, and that he completed the Senior ROTC Advanced Camp in the summer of 1990.  He contends that due to the transfers and the SMP he believes his records got lost and with the completion of Senior ROTC Advanced Camp that it would equate to basic noncommissioned officer schooling.  He also claims that 4 years of service should at least warrant the rank of specialist (SPC)/pay grade E-4, possibly the rank of sergeant (SGT)/pay grade E-5, since he enlisted in the rank of PFC/pay grade E-3. 

3.  The applicant provides no documentary evidence in support of his application.

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 enlisted in the USAR on 17 January 1989.  He was ordered to active duty on 9 May 1989 for training and was released from active duty on 
17 August 1989.  

3.  On 8 January 1990, the applicant signed an Army Senior ROTC student contract.  

4.  The applicant enlisted in the Indiana Army National Guard on 21 November 1990 in the rank of SGT/cadet for a period of 6 years and 8 weeks and he signed an SMP agreement.    

5.  Orders, dated 19 May 1991, show the applicant was reduced from SGT/E-5 to PFC/E-3 effective 9 April 1991 for disenrollment from the Army ROTC program.

6.  On 15 June 1992, the applicant was honorably discharged from the Indiana Army National Guard in the rank of PFC/E-3 and assigned to the USAR Control Group (Annual Training) to complete his remaining service obligation.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his rank as PFC/E-3.  This form also states, in pertinent part, "SMP THIS PERIOD:  901121-920615."  Orders, dated 21 January 1997, show the applicant was honorably discharged from the USAR in the rank of PFC.

7.  Item 18 (Appointments and Reductions) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was reduced from SGT/E-5 to PFC/E-3 on 9 April 1991. 

8.  There are no orders which show the applicant was subsequently promoted to SPC/E-4 or SGT/E-5 prior to discharge from the Indiana Army National Guard or the USAR. 

9.  There are no orders for the ARCAM in the available records.  

10.  The applicant’s U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, dated 29 September 2009, shows that he had 
1 year of qualifying service for a Reserve retirement (17 January 1989 to 
16 January 1990).  
11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the ARCAM was established by the Secretary of the Army on 3 March 1971.  The ARCAM is authorized for award to Army personnel 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.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1985, the period of qualifying service for award of the ARCAM was 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions pertaining to his promotion were carefully considered.  However, orders show he was reduced from SGT/E-5 to PFC/E-3 for disenrollment from the Army ROTC program.  There is no evidence of record which shows he was subsequently promoted to any other rank/grade following this reduction on 9 April 1991.  Therefore, there is insufficient evidence on which to grant him a promotion.  

2.  Since the applicant had only 1 year of qualifying service, there is no basis for granting his request for the ARCAM.

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)                                         AR20090007904



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ABCMR Record of Proceedings (cont)                                         AR20090007904



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