IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010502 


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, award of the Army Reserve Components Achievement Medal (ARCAM), Armed Forces Reserve Medal (AFRM), and the Vietnam Era Ribbon.

2.  The applicant states he deserves these awards because of his service record.

3.  The applicant provides:

* his Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 25 March 1976
* Cold War Certificate of Recognition
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 September 1970
* letters from the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 15 December 2011 and 2 May 2012

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 USAR on 26 January 1970 for 6 years.  He entered initial active duty training (IADT) on 10 April 1970, and he served for
5 months and 3 days until being honorably released from active duty (REFRAD) and returned to his USAR unit on 12 September 1970.  Upon completion of IADT, he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served with the 349th General Hospital, Los Angeles, CA during his USAR service.  
Item 38 (Record of Assignments) contains entries indicating he did not complete any active duty training (ADT) after 12 September 1970.

4.  The record is void of an ARPC 249-E (Chronological Record of Retired Points) or any other version of a statement of Reserve service or retirement points verifying completion of qualifying years for retirement, or 50 retirement points, during the period of his service in the USAR.

5.  Reserve Letter Orders Number D-3-622, issued by Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA, dated 25 March 1976, honorably discharged the applicant from the USAR, effective the same date, by reason of expiration of term of service.

6.  On 15 December 2011, in a response to a request from the applicant, the Assistant Chief, Awards and Decorations Branch, HRC, Fort Knox informed the applicant that absent a record of his retirement points, they were unable to verify his entitlement to the AFRM.  The applicant was also advised that if he provided a copy of his DD Form 214 and a Retirement Points Statement he could resubmit his request to their office for resolution.

7.  On 4 April 2012, the Chief, Case Management Division, Army Review Boards Agency, informed the applicant he was required to exhaust all administrative remedies prior to the ABCMR reviewing his case.  The applicant was further informed that if he provided a copy of his DD Form 214 and Retirement Points Statement, his case could be resolved by the HRC awards and decorations branch.
8.  On 2 May 2012, in a response to a request from the applicant concerning award of the ARCAM, AFRM, and a Vietnam Era Ribbon, the Assistant Chief, Awards and Decorations Branch, HRC, Fort Knox informed the applicant that based on review of the documentation he submitted and resources available to their office, they were unable to verify his entitlement to the awards requested.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.

	a.  Section III, chapter 4 contains guidance on the ARCAM.  It states the ARCAM is authorized to members of an Army National Guard (ARNG) unit or USAR Troop Program Unit (TPU) who meet the approval criteria.  Between
3 March 1972 and 28 March 1995, the medal was authorized on completion of
4 years of service with a Reserve Component (RC) unit.  Individual must have completed 4 years of qualifying service on or after 3 March 1972 and before
28 March 1995.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.  Qualifying service for computation purposes is based only by retirement ending year dates.

	b.  Paragraph 5-8 contains guidance on award of the AFRM.  It states it is awarded for honorable and satisfactory service as a member or former member of one or more of the RC of the Armed Forces of the United States for a period of 10 years.  For service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points.

	c.  The awards regulation contains no award or decoration titled the Vietnam Era Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the AFRM, ARCAM, and a Vietnam Era Ribbon to his record has been carefully considered.  However, there is insufficient evidence to support his claim.

2.  As the applicant was advised by AHRC officials on at least two occasions, in order to determine his eligibility for the AFRM and ARCAM, it is necessary to verify he had the required qualifying years of service or retirement points, which cannot be accomplished absent a Retirement Points Statement.  As a result, given the record is void of such a statement and the applicant has not provided the necessary documents, it is not possible to determine if the applicant meet the 


eligibility criteria for these awards.  Therefore, there is an insufficient evidentiary basis for determining and/or granting this portion of the applicant's request.

3.  In addition, the Vietnam Era Ribbon is not an authorized Army award.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

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)                                         AR20120010502



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ABCMR Record of Proceedings (cont)                                         AR20120010502



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