IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120003491 


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 military records to show award of the Army Reserve Components Achievement Medal (ARCAM) for his qualifying years in the Army National Guard (ARNG) and U.S. Army Reserve (USAR).

2.  The applicant states he served 8 years in the ARNG and 19 years in the USAR and should have received ARCAM's for his qualifying service.

3.  The applicant provides a copy of his USAR Personnel Command (ARPC) Form 249-2-E (Chronological Statement of Retirement Points), dated 27 April 1999.

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.  At the time of his application, the applicant was a retired USAR lieutenant colonel/pay grade O-5.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded one ARCAM, presumably for his first qualifying period of Reserve Component service from 23 April 1966 through 22 April 1970.

4.  The applicant's ARPC Form 249-2-E shows he served as follows:

	a.  17 June 1963 to 7 December 1964, Regular Army;

	b.  8 December 1964 to 7 June 1965, USAR, 6 months,187 retirement points;

	c.  8 June 1965 to 22 April 1966, inactive, no retirement points earned;

	d.  23 April 1966 to 22 April 1974, ARNG, 8 consecutive qualifying years of 50 or more retirement points per year;

	e.  23 April 1974 to 22 April 1985, USAR, 11 consecutive qualifying years of 50 or more retirement points per year; and

	f.  23 April 1985 to 9 April 1999, USAR, no qualifying years of 50 or more retirement points.

5.  The service data described in the preceding paragraph equals a total of 20 years, 11 months, and 18 days of qualifying years toward a non-Regular retirement.  Of this service, 19 of these qualifying years were consecutive with 50 or more retirement points per year.

6.  Army Regulation 600-8-22 (Military Awards) states the ARCAM is authorized for award to Army Reserve personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR 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.  Effective 28 March 1995, the period of qualifying service for award of the ARCAM is reduced from 4 to 3 years (i.e., Soldiers completing 3 years of qualifying service on or after 28 March 1995 are eligible for ARCAM consideration).  This change is not retroactive.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his or her retirement year.  Qualifying years must be consecutive.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of the ARCAM.  A member must be recommended for the award by his or her unit commander whose recommendation is based on personal knowledge of the individual and the individual’s official records of periods of service under prior commanders during the period for which the award is made.  The approved ARCAM is announced in a memorandum.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the ARCAM for each qualifying period of service in the ARNG and USAR.

2.  The available evidence clearly shows the applicant served 19 consecutive qualifying years in a Reserve Component.  Dividing this service by the 4 years required for each award of the ARCAM prior to 28 March 1995 results in his eligibility for four ARCAM's with a period of 3 years remaining.

3.  In view of the above, the applicant's request should be granted by issuing him a memorandum awarding him the ARCAM with three oak leaf clusters for his 16 consecutive qualifying years of Reserve Component service from 23 April 1966 through 22 April 1982.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the ARCAM with 1st Oak Leaf Cluster for 4 consecutive qualifying years of Reserve Component service from 23 April 1970 through 22 April 1974,

	b.  awarding him the ARCAM with 2nd Oak Leaf Cluster for 4 consecutive qualifying years of Reserve Component service from 23 April 1974 through 22 April 1978, and

	c.  awarding him the ARCAM with 3rd Oak Leaf Cluster for 4 consecutive qualifying years of Reserve Component service from 23 April 1978 through 22 April 1982.



      _____________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)                                         AR20120003491



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003491



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1