IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100009024
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 Armed Forces Reserve Medal (AFRM).
2. The applicant states he was discharged from active duty on 11 June 1973 and served in the U.S. Army Reserve (USAR) from 12 June 1973 through 21 May 1990.
3. The applicant provided a copy of his DD Form 214 (Report of Separation from Active Duty).
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 that he served in an enlisted status in the Regular Army from 16 January 1963 through 28 June 1965 and as a USAR chief warrant officer two from 29 June 1965 through 8 June 1967.
3. On 9 June 1967, he was appointed to a second lieutenant in the USAR.
4. Records show the following service:
* on 11 June 1973, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement)
* on 31 December 1974, he was transferred to the Inactive Standby Reserve
* on 19 June 1978, he was transferred to the USAR Control Group (Standby)
5. His discharge orders are not available, but the applicant contends he served in the USAR through 21 May 1990.
6. The applicant served a total of 21 years, 5 months, and 5 days in the USAR, 7 years, 11 months, and 13 days of which were performed while on the active duty list.
7. There is no Retirement Points Accounting Statement or other chronological record of his service available in his records.
8. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory (i.e., qualifying) service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.
9. Army Regulation 600-8-22 states the conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years. Service in a Regular Component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a State; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia, is excluded from credit toward this award but does not constitute a break in service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for the AFRM was carefully considered and it was determined that there is insufficient evidence to support his request.
2. The applicant's records show he served 7 years, 11 months, and 13 days in the USAR while on the active duty list and, accepting his contention he served through 21 May 1990, a total of 21 years, 5 months, and 5 days in an active USAR status.
3. The applicant served as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 qualifying years within 12 consecutive years. However, there is no evidence in the available records and the applicant did not provide sufficient evidence which shows he completed the required qualifying service for the award of the AFRM. Absent such evidence there is no basis to grant this award.
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) AR20100009024
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