BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090014962 


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 correction of his military records to show that he was awarded the Army Reserve Components Achievement Medal (ARCAM) for the periods ending on 28 September 1998 and 28 September 2001.

2.  The applicant states that his records show he was an exemplary senior noncommissioned officer during the two periods in question, but for some unknown reason he was not awarded the ARCAM.  These awards would be his 7th and 8th awards of the ARCAM.

3.  In support of his application, the applicant provides copies of page 1 of his DA Form 2-1 (Personnel Qualification Record - Part II); U.S. Army Human Resources Command (AHRC) Form 249-2E (Chronological Statement of Retirement Points); DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the periods from June 1995 through July 2000; Certificate of Appreciation, dated 19 June 1998, for completion of the U.S. Army Sergeants Major Nonresident Course; and a Certificate of Retirement, dated 7 June 2009.

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.  At the time of his application, the applicant was a non-regular Army retired command sergeant major, pay grade E-9.

3.  The applicant's AHRC Form 249-E shows that:

	a.  he entered the Army National Guard (ARNG) on 29 September 1972;

	b.  he transferred from the ARNG to the U.S. Army Reserve (USAR) on 29 September 1988;

	c.  he transferred to the Retired Reserve on 26 March 2002; and

	d.  he served a total of 29 years with no apparent break in service.

4.  Records show that the applicant was promoted to sergeant major, pay grade E-9, on 15 November 1992 and was appointed as a command sergeant major on 16 January 1996.

5.  The applicant's seven DA Forms 2166-7 evaluating his service from June 1995 through July 2000 essentially report that he met or exceeded all required standards.  He was described as a highly respected, dedicated and enthusiastic noncommissioned officer.  He was recommended for positions of greater responsibility as a brigade or division command sergeant major.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 shows that he was awarded the ARCAM with five oak leaf clusters for the periods ending 28 September of 1976, 1980, 1984, 1988, 1992, and 1995.  It does not show awards for periods ending 28 September of 1998 or 2001.

7.  On 7 June 2009, the applicant became 60 years of age and was placed on the Retired List.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 ARNG or USAR troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized upon completion of 4 years of service with a Reserve Component unit.  The individual must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning 28 March 1995, 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 officers' 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.  The applicant contends that he should have been awarded the ARCAM for each 3-year period ending on 28 September 1998 and 28 September 2001.

2.  The evidence clearly shows the applicant served continuously from 1972 through 2002 and was transferred to the Retired Reserve on 26 March 2002.  Furthermore, he was awarded six ARCAM's between 1976 and 1995.

3.  The applicant served as the battalion's command sergeant major from January 1996 until his transfer to the Retired Reserve in March 2002.  There is no evidence suggesting that this period of service was any less exemplary than his previous service.

4.  In view of the above and as a matter of equity, the applicant should be awarded the ARCAM for each 3-year period ending on 28 September 1998 and 28 September 2001.  Furthermore, the award orders should be filed in his official military personnel file.

BOARD VOTE:

___x____  ___x_____  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Reserve Components Achievement Medal with 6th oak leaf cluster for the period 29 September 1995 to 28 September 1998;

	b.  awarding him the Army Reserve Components Achievement Medal with 7th oak leaf cluster for the period 29 September 1998 to 28 September 2001; and

	c.  filing copies of these award orders in his official military personnel file.



      ___________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)                                         AR20090014962



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014962



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1