IN THE CASE OF:	  

		BOARD DATE:	        8 October 2009

		DOCKET NUMBER:  AR20090008373 


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 award of the Army Service Ribbon and the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states, in effect, that he served 6 months on active duty for training during the period February 1957 to August 1957.  He points out that the Army Service Ribbon was established on 10 April 1981 and can be awarded retroactively.  

3.  The applicant states that he would have applied for the ARCAM while serving as an air technician with the Hawaii Air National Guard (HIANG) during the period 1974 to 1977 if he had knowledge this medal was authorized on 3 March 1971 for 4 years of service with the Army National Guard (ARNG).  He states that he served 2 years, 11 months, and 21 days with the Oklahoma Army National Guard (OKARNG) and he served 3 years, 7 months, and 4 days with the California Army National Guard (CAARNG).  He also claims that he was  required to take a mandatory transfer to the U.S. Air Force Reserve (USAFR) on 6 November 1959 when he was accepted into the Air Force Reserve Officers’ Training Corps program.    

4.  The applicant provides, in support of his applications, two DD Forms 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, section 1552, dated 20 April; 2009 and 27 May 2009; DD Forms 214 (Report of Transfer or Discharge) for the periods ending 15 August 1957 and    25 October 1969; an ARPC Form 271 (Reserve Order EK - 2343), dated             5 October 1978; an excerpt on the Army Service Ribbon; National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the periods ending 1 October 1958 and 5 November 1959; 2639th Air Reserve Center, U.S. Air Force, San Diego, CA, Reserve Orders Number 180, dated 12 November 1959; an Honorable Discharge Certificate, dated 5 November 1959; and State of Hawaii, Department of Defense, Office of the Adjutant General, Fort Ruger, HI, Special Order AB-5 HI, dated 4 January 1978.
 
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 military records are not available to the Board.  This case is being considered using the documents provided by the applicant.

3.  The applicant enlisted in the OKARNG on 11 October 1955.  He was ordered to active duty on 16 February 1957 for 6 months active duty training.  On
15 August 1957, he was released from active duty and he returned to the OKARNG to complete his remaining service obligation. 

4.  The applicant’s DD Form 214 for the period ending 15 August 1957 shows the entry "None" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).   

5.  The applicant was honorably discharged from the OKARNG on 1 October 1958.  His NGB Form 22 for the period ending 1 October 1958 shows he completed 2 years, 11 months, and 21 days of service this period.     

6.  The applicant enlisted in the CAARNG on 23 March 1959 and he was honorably discharged on 5 November 1959 for enlistment in the USAFR.  His NGB Form 22 for the period ending 5 November 1959 shows he completed
7 months and 13 days this period and that he had completed 3 years, 7 months, and 4 days of total service for pay purposes.  
7.  The applicant enlisted in the USAFR on 6 November 1959.  Orders, dated      4 January 1978, show the applicant was honorably discharged from the Hawaii Air National Guard effective 4 January 1978 and transferred to the USAFR.  On  6 October 1978, he was placed on the U.S. Air Force Reserve Retired List effective 6 October 1978.  

8.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  (emphasis added)

9.  Army Regulation 600-8-22 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 1995, the period of qualifying service for award of the ARCAM 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.  

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Army Service Ribbon.

2.  The applicant's contention that he served as an air technician with the HIANG during the period 1974 to 1977 was noted.  However, the ARCAM was not established until 3 March 1971, and his last Army Reserve Component service was in 1959.  Award of the ARCAM is not retroactive; therefore, there is no basis for granting the applicant's 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)                                         AR20090008373



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ABCMR Record of Proceedings (cont)                                         AR20090008373



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