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ARMY | BCMR | CY2011 | 20110022827
Original file (20110022827.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110022827 


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 Components Achievement Medal (ARCAM).

2.  The applicant states that he attended all weekly, monthly and annual training assemblies for 6 years and complied with all of the criteria that the government set forth and he believes he earned the ARCAM for his service.

3.  The applicant provides a one-page letter and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 U.S. Army Reserve (USAR) in Milwaukee, Wisconsin on 6 March 1964 for a period of 6 years.  He was ordered to active duty training (ACDUTRA) on 4 May 1964 and completed his one-station unit training as a supply clerk at Fort Leonard Wood, Missouri.

3.  On 12 September 1964, he was released from ACDUTRA and was returned to his USAR Troop Program Unit (TPU) unit in Wisconsin.

4.  The applicant served in TPUs in Georgia, Florida, and Virginia and his records show that he accumulated at least 50 points per year for a minimum of 5 years.  His records also show that he had “excellent” conduct and efficiency ratings throughout his entire service.  His records also contain no evidence of any derogatory information.

5.  On 27 March 1970, he was honorably discharged from the USAR in the rank of corporal.

6.  Army Regulation 600-8-22 (Military Awards) states the ARCAM was established by the Secretary of the Army on 3 March 1971 and 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 TPU 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the ARCAM for his service has been noted and appears to lack merit.

2.  While his record bears out that he meets the criteria for award of the ARCAM, the ARCAM was not established during the period in which the applicant served and it was not authorized for retroactive award. 

3.  The ARCAM was established in 1971 and the applicant was discharged in 1970.  Accordingly, there appears to be no basis to grant the applicant’s request for award of the ARCAM.




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 the applicant 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)                                         AR20110022827





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ABCMR Record of Proceedings (cont)                                         AR20110022827



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