BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100029443 


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 two separate applications, award of the Army Achievement Medal (AAM) and the Armed Forces Reserve Medal (AFRM) and that they be entered in his records.

2.  The applicant states he should have been awarded the AAM for his outstanding service and contends that the certificate was being prepared at the time of his out-processing, but it was never completed.  He also states he should have been awarded the AFRM for his Reserve service.

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 Regular Army on 2 March 1982 for a period of 2 years.  He served until he was honorably released from active duty in pay grade of E-3 on 6 March 1984 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  On 8 February 1985, he transferred to a troop program unit.  He was honorably discharged from the USAR on 2 May 1989.

3.  On 31 August 1994, he enlisted in the Nevada Army National Guard for a period of 1 year.  He was discharged from the Army National Guard and the USAR on 30 August 1995.  He had a total of 8 years, 2 months, and 15 days of active and inactive service.

4.  A review of his records failed to show any indication the applicant was awarded the AAM or that he was recommended for award of the AAM.  His records do show that he was barred from reenlistment at the time he was released from active duty in March 1984.

5.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  Army Regulation 600-8-22 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.  This regulation specifies 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.

7.  Also qualifying for the AFRM are members who, on or after 1 August 1990 were called to active duty and served under Title 10, U.S. Code, sections 12301(a), 12302, 12304, and 12406; or in the case of the U.S. Coast Guard Reserve, under Title 14, U.S. Code, section 712.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense as defined in Title 10, U.S. Code, section 101(A)(13).  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the AFRM with "M" Device.

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant failed to show through the evidence submitted with his application or the evidence or record that he was awarded the AAM or was recommended for that award.  Accordingly, there is no basis to do so at this time.

2.  While the available evidence is insufficient for awarding the applicant an AAM, this in no way affects his right to pursue his/her claim for the AAM by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.

3.  The applicant's contention that he should have been awarded the AFRM has also been noted and found to lack merit.  The AFRM is awarded for 10 years of Satisfactory Reserve Component service or for being mobilized and the applicant does not meet that minimum prerequisite.  Accordingly, he is not entitled to be awarded the AFRM.

4.  Therefore, in the absence of evidence to show otherwise, there is no basis to grant the applicant's request.



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 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)                                         AR20100017727



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ABCMR Record of Proceedings (cont)                                         AR20100029443



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