IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100016196 


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 that he be awarded the "Army Reserve Good Conduct Medal" (AGCM) for the periods of 1 February 1984 to 1 May 1985 and 1 June 2000 to 1 June 2002. 

2.  The applicant states he served in U.S. Army Reserve (USAR) units in Vermont from 1 February 1984 to 1 May 1985 and in California from 1 June 2000 to 1 June 2002 and did not receive an AGCM for those periods. 

3.  The applicant provides no additional documents with 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 21 January 1980 under the delayed entry program (DEP).  He enlisted in the Regular Army on 16 January 1981 for a period of 3 years and training as an administrative specialist.  He completed all of his training at Fort Jackson, South Carolina and was transferred to Fort Sill, Oklahoma for his first duty assignment.

3.  He was subsequently transferred to Germany and served there until he was honorably released from active duty at Fort Dix, New Jersey on 9 January 1984 due to completion of required service and was transferred to the USAR Control Group (Reinforcement).  He had served 2 years, 11 months, and 24 days of total active service.  He was awarded the Army Service Ribbon, the Overseas Service Ribbon, the AGCM, the Army Commendation Medal, and the Army Achievement Medal.

4.  The applicant’s records, though somewhat incomplete, show that he served in a variety of Active Guard Reserve assignments and the available records contain only the first and fifth awards of the AGCM.  

5.  The applicant was promoted to the pay grade of E-6 on 1 October 1996 and on 28 February 2001 he was issued his 20-year letter.

6.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The first award of the AGCM must be for a period of at least 1 year but may be for a period of less than 3 years for the first award only.

7.  Army Regulation 600-8-22 states the Army Reserve Components Achievement Medal (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.  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.

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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the AGCM for the period of 1 February 1984 to 1 May 1985 and 1 June 2000 to 1 June 2002 has been noted and appears to lack merit.

2.  Both of the above periods are less than 3 years in duration and therefore do not qualify for award of the AGCM because the applicant had already received his first award.  The applicable regulation allows only the first award to be issued for a period of service less than 3 years.  After the first award, all awards must be for continuous 3-year periods.  A break in a period of service causes the clock to start over again. 

3.  While it cannot be determined based on the available records what the applicant’s authorized periods for award of the AGCM are, it must be presumed based on the presence of orders awarding him the fifth award of the AGCM that his records are correct.

4.  Therefore, in the absence of evidence to show otherwise, there is no basis to grant his request for award of the AGCM for two periods of service of less than 3 years.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X__ __  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her late father in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20100016196



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ABCMR Record of Proceedings (cont)                                         AR20100016196



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