IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100020031 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Reserve Components Achievement Medal (ARCAM), Army Reserve Components Overseas Training Ribbon (ARCOTR), and the Army Good Conduct Medal (AGCM).

2.  He states the requested awards are not listed on his DD Form 214 and his 
DD Form 215 (Correction to DD Form 214).

3.  He provided copies of:

* a DD Form 214 for the period ending 16 January 1991
* a DD Form 214 for the period ending 26 November 1991
* a DD Form 215, dated 20 May 1992
* annual training (AT) Orders 081-014, dated 27 January 1993
* a memorandum for award of the ARCOTR, dated 17 April 1993
* a memorandum awarding him the ARCAM, dated 15 May 1994

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.  He provided a copy of a DD Form 214 that shows he was ordered to active duty for training on 28 August 1990 for the purpose of attending advanced individual training for military occupational specialty 88H (Cargo Specialist).  After the completion of training, he was released from active duty (REFRAD) and transferred to his U.S. Army Reserve (USAR) unit on 16 January 1991.

3.  He also provided a copy of a DD Form 214 for the period ending 
26 November 1991.  This form shows he completed 9 months and 23 days of net active service at Fort McCoy, WI and he was honorably REFRAD upon his expiration of term of service.

4.  His DD Form 215 shows, in pertinent part, item 18 (Remarks) of his DD Form 214 for the period ending 26 November 1991 was amended to add the following comment:  “Ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, U.S. Code, section 673.”

5.  A copy of Orders 081-014, issued by Headquarters, 83rd U.S. Army Reserve Command (USARC), Columbus, OH, dated 27 January 1993, shows he was ordered to attend AT with the 706th Transportation Company in Camp Humphries, Korea from 7 March 1993 through 26 March 1993.

6.  He also provided a copy of Orders 128-026, issued by the same headquarters, dated 9 April 1993.  These orders show the through date of his AT was extended until 27 March 1993.

7.  He provided copies of two memoranda that awarded him the following:

* ARCOTR from 7 to 27 March 1993
* ARCAM from 13 June 1990 to 12 June 1994

8.  A review of his record does not indicate he was awarded the AGCM and he has not provided any additional documentation that shows he received this award.

9.  By message, dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command (AHRC), provided clarification on award of the AGCM.  It stated, in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 4-1, the AGCM is awarded for exemplary behavior, efficiency and fidelity in "active Federal military service."  Reserve Soldiers ordered to active duty under Title 10 are performing active Federal military service and are therefore eligible to be awarded the AGCM in accordance with paragraphs 4-5 and 4-6.  It further states, for the first award only, a Soldier may receive the AGCM upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.  It further states 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 is on active duty.  The period of service for the ARCAM begins again the day after the Reserve Soldier is REFRAD.

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 will be prepared for RC Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  His request to add the Army Reserve Components Achievement Medal, Army Reserve Components Overseas Training Ribbon, and the Army Good Conduct Medal to his DD Form 214 was carefully considered; however, there is no basis for granting his requested relief.

2.  The evidence shows his last DD Form 214 was issued on 26 November 1991 and no other periods of 90 days or more of active duty service are shown in his personnel records.

3.  He provided documentation that shows he was awarded the Army Reserve Components Overseas Training Ribbon for the period 7-27 March 1993 and the Army Reserve Components Achievement Medal for the period 13 June 1990 through 12 June 1994.  However, the ending period for both of these awards is outside the period covered for his last DD Form 214.  Therefore, he is not entitled to add these awards to his DD Form 214 for the period ending 26 November 1991. 


4.  The referenced message from the Military Awards Branch, AHRC states the period of service for the Army Good Conduct Medal begins the first day the RC Soldier is mobilized under Title 10, U.S. Code and ends the last day the mobilized Reserve Soldier is on active duty.  It further states, for the first award only, a Soldier may receive the AGCM upon termination of service on or after
27 June 1950, of less than 3 years but more than 1 year.  The applicant's record shows he served two period of active service; however, neither period was more than 1 year as required by the governing reference and Army regulation.  Therefore, there is no basis for awarding him the Army Good Conduct Medal or adding it to his DD Form 214.

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)                                         AR20100020031



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ABCMR Record of Proceedings (cont)                                         AR20100020031



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