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ARMY | BCMR | CY2010 | 20100000035
Original file (20100000035.txt) Auto-classification: Approved

	

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000035 


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 records to show the Army Good Conduct Medal (AGCM) and two awards of the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states the reason for the error is unknown.  

3.  The applicant provides a copy of Permanent Order 342-019, dated 8 December 2006 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 13 January 1993 and was honorably discharged on 12 January 1996 after completion of 3 years of service.  His NGB Form 22 for the period ending 12 January 1996 shows one award of the ARCAM.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the following day.  

2.  The applicant enlisted in the Army National Guard on 23 October 1996 and was discharged on 24 January 1998 after completion of 1 year, 3 months, and 2 days of service.  His NGB Form 22 for the period ending 24 January 1998 shows one award of the ARCAM.  He was transferred to the USAR Control Group (Reinforcement) on the following day.  

3.  The applicant enlisted in the Army National Guard again on 22 October 2002.  
4.  He was ordered to active duty on 7 December 2003 in support of Operation Iraqi Freedom.  He was released from active duty on 28 March 2005 after completion of 1 year, 3 months, and 22 days of active military service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the AGCM as an authorized award.  This discharge document does show one award of the ARCAM.  

5.  In a 24 October 2005 memorandum, the 744th Transportation, New Hampshire Army National Guard notified the applicant he was awarded the second award of the ARCAM for the period 22 October 2002 through 21 October 2005.  

6.  The applicant was discharged from the Army National Guard on 21 October 2006.  His NGB Form 22 for the period ending 21 October 2006 shows two awards of the ARCAM.

7.  Permanent Orders 342-019, dated 8 December 2006, show the applicant was awarded the first award of the AGCM for the period 7 December 2003 through 28 March 2005.  

8.  By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command, provided clarification on award of the AGCM.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM).

9.  Army Regulation 600-8-22 states the ARCAM 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.  Between 3 March 1972 and 28 March 1995, the medal was 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 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 an officer’s 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 the ARCAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially served in the Army National Guard from 13 January 1993 through 12 January 1996 and was awarded one ARCAM during this period.  He also served in the Army National Guard from 23 October 1996 through 24 January 1998.

2.  The applicant served in the Army National Guard from 22 October 2002 through 21 October 2006.  During this period, he was ordered to active duty from 7 December 2003 through 28 March 2005 in support of Operation Iraqi Freedom.  

3.  Based on the 8 February 2005 message, an RC Soldier mobilized onto active duty under Title 10 is performing "active Federal military service" and is therefore eligible to be awarded the AGCM.  The message states that the period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  

4.  The applicant’s period of qualifying service for the AGCM began on 7 December 2003 and ended on 28 March 2005.  Orders published on 8 December 2006 show the applicant was awarded the first award of the AGCM for this period of active duty service.  Therefore, the AGCM should be added to his DD Form 214 for the period ending 28 March 2005.

5.  The 24 October 2005 memorandum from the New Hampshire Army National Guard states the applicant was awarded a second award of the ARCAM for the period 22 October 2002 through 21 October 2005.  However the applicant’s period of qualifying service for the ARCAM ended on the first day of his active duty service on 7 December 2003 and would have started over on 29 March 2005, one day after he was off active duty.  Therefore, the applicant did not meet the criteria for a second award of the ARCAM for the period 22 October 2002 through 21 October 2005 and it would not be appropriate to correct his DD Form 214 to show two awards of the ARCAM.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x___  ___x_____  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 amending his DD Form 214 for the period ending 28 March 2005 to add the first award of the AGCM.  

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 his DD Form 214 for the period ending 28 March 2005 to show a second award of the ARCAM.  




      _______ _  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.



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ABCMR Record of Proceedings (cont)                                         AR20100000035



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