IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100016241 


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.  He states he believe that he should be awarded the AFRM due to the fact he served close to 10 years of combined service in the Army National Guard (ARNG) and the U.S. Army Reserve (USAR).  He further states he served proudly and faithfully for approximately 7 years in the USAR and the ARNG from 12 June 1975 to 30 September 1982 and believes he has earned the AFRM.

3.  He provides copies of:

* 1 DD Form 214 MC (Armed Forces of the United States Report of Transfer or Discharge)
* 2 NGB Forms 22 (National Guard Bureau Report of Separation and Record of Service)
* 1 Discharge order
* 1 DD Form 214 (Certificate of Release or Discharge 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.  His record shows he participated in the U.S. Marine Corps (USMC) Reserve Delayed Entry Program (DEP) from 7 July 1971 to 2 August 1971, a period of 26 days.  His record contains and he also provides a DD Form 214 MC which shows he enlisted in the Regular Component of the USMC on 3 August 1971 and served until he was honorably discharged on 6 January 1972 after serving on active duty for 5 months and 4 days.  This form shows his Reserve and active duty service during this period amounted to a combined total of 6 months.

3.  His record contains and he also provides an NGB Form 22 which shows he enlisted in the Arizona ARNG (AZARNG) on 21 June 1974 and served until he was honorably discharged on 23 July 1979 after serving for 5 years, 1 month, and 3 days.  The catalyst for his discharge was his desire to immediately enlist in the Pennsylvania ARNG (PAARNG).

4.  His record contains and he also provides an NGB Form 22 which shows he enlisted in the PAARNG on 24 July 1979 and served until he was honorably discharged on 14 October 1980 after serving for 1 year, 2 months, and 21 days.  The catalyst for his discharge was his desire for assignment to a USAR unit.  Upon discharge, he was transferred to a USAR unit based in Wilkes Barre, PA.

5.  He reenlisted in the USAR on 11 July 1981 for a period of 3 years.  However, this reenlistment was terminated and he was honorably discharged from the USAR on 6 December 1982, after serving 1 year, 4 months, and 26 days.  The catalyst for this early termination was his enlistment in the U.S. Naval Reserve (USNR).

6.  His record shows he participated in the USNR DEP from 7 December 1982 to 27 December 1982.  His record contains and he also provides a DD Form 214 which shows he enlisted in the Regular Component of the U.S. Navy on 28 December 1982 and served until he was honorably discharged for the purpose of immediate reenlistment on 4 December 1986 after serving on active duty for an additional 3 years, 11 months, and 7 days.




7.  His record contains and he also provides a DD Form 214 which shows he reenlisted in the Regular Component of the U.S. Navy on 5 December 1986 and served until he was honorably discharged due to physical disability on 12 June 1989.  Item 12 (Record of Service) of this DD Form 214 contains the following pertinent information in the sub-items indicated:

* c (Net Active Service This Period) 2 years, 6 months, and 8 days
* d (Total Prior Active Service) 4 years, 4 months, and 11 days
* e (Total Prior Inactive Service) 8 years, 5 months, and 22 days

8.  In the processing of this case, an ABCMR analyst contacted the applicant via telephone on 22 November 2010 to determine if he had any documentation showing additional Reserve service or whether he was disputing the combined Reserve and ARNG time of 8 years, 5 months, and 22 days depicted on his DD Form 214 for the period ending 12 June 1989.  The applicant said he was not disputing the time indicated on his DD Form 214 and acknowledged he had not served a combined minimum of 10 years in the Reserve Components.  However, he still felt he had earned the AFRM based upon the time he had served.

9.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  The conditions for award of the AFRM 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 should be awarded the AFRM was carefully considered and determined to lack merit.

2.  Evidence of record shows and he freely admits he did not complete the requisite minimum amount of 10 years service in one or more of the Reserve Components in order to be eligible for award of the AFRM.  Therefore, his contention that he has earned the medal is unfounded and there is no basis for granting the requested relief.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20100016241





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ABCMR Record of Proceedings (cont)                                         AR20100016241



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