BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20120019600
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 the Army Reserve Components Achievement Medal (ARCAM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 January 1993.
2. He states:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 for the period ending 8 January 1993 is incomplete. It should list award of the ARCAM.
b. his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists award of the Army Service Ribbon, National Defense Service Medal, Army Reserve Components Overseas Training Ribbon, and ARCAM.
3. He provides his DD Form 214 for period ending 8 January 1993 and his NGB Form 22.
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 (ARNG) on 27 November 1987. He was ordered to active duty for training (ADT) on 14 July 1988. At the completion of ADT on 14 October 1988, he was awarded military occupational specialty 11B (Infantryman) (a period of 3 months and 1 month).
3. On 17 September 1990, he was ordered to active duty in an Active Guard Reserve (AGR) status.
4. He was released from active duty (REFRAD) on 8 January 1993 after completion of 2 years, 4 months, and 10 days of active military service. His DD Form 214 for this period doesn't show award of the ARCAM.
5. He was discharged from the ARNG on 26 November 1993 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His NGB Form 22 shows award of the ARCAM.
6. His service record is void of evidence which indicates the period of qualifying service for his award of the ARCAM.
7. Orders D-02-61-616705, dated 6 February 1996, published by the U.S. Army Reserve Personnel Center, St. Louis, MO, discharged him from the USAR, effective 6 February 1996.
8. Army Regulation 600-8-22 (Military Awards) states the ARCAM is authorized for award to Army personnel 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. The regulation currently states AGR Soldiers are not authorized the ARCAM. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. Beginning 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.
9. Army Regulation 672-5-1 (Awards), in effect at the time, stated effective 1 September 1982, AGR personnel became eligible for award of the Good Conduct Medal. For AGR personnel, the Good Conduct Medal qualification period may commence at any time during the 3 years immediately preceding the 1 September 1982 effective date provided no portion of service for the Good Conduct Medal is included in a period of service for which the ARCAM was awarded.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the ARNG from 27 November 1987 through 26 November 1993. His NGB Form 22 for this period shows the ARCAM.
2. Based on the regulation in effect at the time, effective 1 September 1982 AGR personnel became eligible for award of the Army Good Conduct Medal. Therefore, he would not have been eligible for the ARCAM at least for the period 27 November 1987 8 January 1993. However, it is the policy of this Board to not disadvantage an applicant by making him any worse off for having applied for a correction to his record. Therefore, the existing ARCAM will not be removed from his NGB Form 22.
3. Based on the foregoing, the ARCAM is not authorized to be added to his DD Form 214 for the period ending 8 January 1993.
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.
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