IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011555
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 award of the Army Reserve Components Achievement Medal (ARCAM).
2. The applicant states the parties involved failed to issue him the ARCAM. He states he qualifies as both a U.S. Army Reserve (USAR) and an Army National Guard (ARNG) Soldier. He was commissioned on 28 May 1981.
3. The applicant provides no additional evidence.
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 Army National Guard for a period of 6 years on 5 October 1979 and elected to participate in the U.S. Army Reserve Officers' Training Corps (ROTC) Program under the Simultaneous Membership Program.
3. His records contain a letter of appointment issued by Headquarters, First ROTC Region, Fort Bragg, NC, dated 1 May 1981, which show he was appointed as a Reserve commissioned officer of the U.S. Army effective 28 May 1981.
4. Orders 115-13 issued by the Pennsylvania ARNG, dated 19 June 1981, honorably discharged him from the ARNG effective 27 May 1981.
5. Orders 123-7 issued by the Pennsylvania ARNG, dated 1 July 1981, appointed him in the ARNG effective 26 June 1981.
6. Orders 240-15 issued by the Pennsylvania ARNG, dated 16 December 1985, honorably released him from the ARNG effective 1 January 1986.
7. On 1 January 1986, he was honorably discharged from the Pennsylvania ARNG by reason of resignation. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his date of enlistment as 26 June 1981. It further shows his net service during that period as 4 years, 6 months, and 6 days and his total service for pay as 6 years, 4 months, and 27 days.
8. The record is void of a Chronological Record of Retired Points or any other statement of Reserve service verifying completion of qualifying years for retirement during any period of service in the Reserve Components.
9. It appears the applicant was ordered to active duty to participate in physical evaluation board proceedings.
10. His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he entered active duty on 18 November 1986 and was honorably discharged by reason of physical disability with severance pay on 13 October 1987. His DD Form 214 does not list any awards.
11. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Chapter 4 contains guidance for the ARCAM. It states the ARCAM is authorized to members of an 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 upon completion of 4 years of service in a Reserve Component unit. Individuals 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 or her retirement year. Qualifying service for computation purposes is based on retirement year ending dates.
DISCUSSION AND CONCLUSIONS:
Eligibility for award of the ARCAM cannot be determined absent a statement detailing his retirement point credit. 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 meets the eligibility criteria for this award. Therefore, there is an insufficient evidentiary basis for granting his 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 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) AR20120011555
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ABCMR Record of Proceedings (cont) AR20120011555
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