BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000656 


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.

2.  The applicant states he met all of the criteria for award of the "Army Reserve Good Conduct Medal."  He is an "other service veteran," but his main training came from the Army.  He is proud of his service and belongs to his local Veterans of Foreign Wars organization.

3.  The applicant provides:

* U.S. Army Honorable Discharge Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* letter from the National Personnel Records Center, dated 9 December 2009
* letter from a U.S. Air Force Wounded Warrior case manager, dated 12 February 2013
* Internet description of the "Reserve Good Conduct Medal"

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) on 28 January 1980 and was assigned to a troop program unit.

3.  His DD Form 214 shows he completed initial active duty for training on 6 February 1981.  He was credited with 11 months and 1 day of active service during this period.

4.  His records contain an annual Statement of Retirement Points, dated 10 February 1982, showing he was credited with 6 inactive duty training points, 365 active duty points, and 15 membership points during the period 28 January 1980-27 January 1981 for a total of 386 points.  This form specifies that although all points are shown, the law provides that no more than 365 points may be credited per qualifying year (366 points in a leap year).  The law also provides that the combined total that may be credited for inactive duty plus extension courses plus membership may not exceed 60 points per qualifying year.

5.  His records contain a memorandum from the Commander, Headquarters, 343d Evacuation Hospital (Semi-mobile), dated 7 October 1982, subject:  Letter of Commendation, commending him for his service during annual training at Fort Drum, NY.

6.  His records contain a First U.S. Army (1AA) Form 509 (Request for Missing, Initial Issue, or Correction of DA Form 1383 (Annual or Terminal Statement of Retirement Points) for USAR Personnel), dated 12 June 1984, showing his unit commander verified he earned 15 membership points during the period 28 January 1982-27 January 1983.

7.  His records contain a second 1AA Form 509, dated 12 June 1984, showing his unit commander verified he earned 36 inactive duty training points and 15 membership points during the period 28 January 1983-27 January 1984 for a total of 51 creditable points.

8.  Headquarters, 77th USAR Command, Orders 48-25, dated 9 July 1984, ordered him to active duty in lieu of annual training for a period of 13 days effective 22 July 1984 to attend the Unit Supply Specialist Course.  His DA Form 1059 (Service School Academic Evaluation Report) shows he satisfactorily completed the Unit Supply Specialist Course during the period 22 July-3 August 1984.

9.  His records contain DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) showing he earned retirement points for the following periods of inactive duty training:

* 28 September 1984 – 1 point
* 30 November 1984 – 2 points
* 7 May 1985 – 2 points

10.  Headquarters, 77th USAR Command, Orders 60-150, dated 13 May 1985, ordered him to active duty for training for a period of 14 days effective 30 June 1985 to attend the Basic Noncommissioned Officer Course.  His DA Form 1059 shows he satisfactorily completed the Basic Noncommissioned Officer Course during the period 1-13 July 1985.

11.  His records contain an annual Statement of Retirement Points, dated 3 June 1985, showing he was credited with retirement points for the following periods:

* 28 January 1980-27 January 1981 – 6 inactive duty points, 15 membership points, and 365 active duty points for a total of 366 creditable points
* 28 January 1983-27 January 1984 –15 membership points for a total of 15 creditable points
* 28 January 1984-27 January 1985 – 56 inactive duty points, 4 extension course points, 15 membership points, and 13 active duty points for a total of 88 creditable points

12.  He was honorably discharged from the USAR on 1 April 1986.

13.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded or authorized the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Grenade Bar.

14.  The applicant provided a letter from the National Personnel Records Center, dated 9 December 2009, showing shipment was authorized for the following awards based on the documents he provided and/or official record documents:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

15.  The applicant provided a letter from a U.S. Air Force Wounded Warrior case manager, dated 12 February 2013, stating the applicant has been a member of the Air Force Wounded Warriors Program since 2006.  The applicant was permanently medically retired from the U.S. Air Force and has a disability rating from the Department of Veterans Affairs.

16.  The applicant provided an Internet article describing the "Reserve Good Conduct Medal" stating the "Reserve Good Conduct Medal" refers to any one of the five military conduct awards which are issued to enlisted members of the Reserve and National Guard.  The article states a service member – excluding Army Reservists – must generally be an active member of the Reserve or National Guard and must have performed 3 to 4 years of satisfactory duty, to include drills and annual training, with such service being free of disciplinary action.

17.  A U.S. Army Human Resources Command Form 249-E (Chronological Statement of Retirement Points) was generated on 14 August 2014 in connection with the applicant's request.  This form shows the applicant was credited with a total of 2 qualifying years of service for retirement purposes (retirement years during which a member earned a minimum of 50 points) during the periods 28 January 1980-27 January 1981 and 28 January 1984-27 January 1985.

	a.  The period 28 January 1982-27 January 1983 does not reflect credit for annual training for which he was commended in writing by his unit commander.

	b.  The period 28 January 1983-27 January 1984 does not reflect the 51 creditable points verified by the applicant's unit commander in the 1AA Form 509, dated 12 June 1984.

	c.  The period 28 January 1985-27 January 1986 does not reflect credit for the Basic Noncommissioned Officer Course completed during the period 
1-13 July 1985.

18.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Achievement Medal is authorized for award to Army personnel 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 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.  Beginning 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer's service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he met all of the criteria for award of the Army Reserve Components Achievement Medal.

2.  The evidence of record shows the applicant completed sufficient qualifying years of service for anniversary years 28 January 1980-27 January 1981, 28 January 1983-27 January 1984, and 28 January 1984-27 January 1985.

3.  Although his records contain multiple documents confirming periods of USAR service, regrettably, there is insufficient evidence to show the applicant earned a minimum of 50 retirement points per anniversary year to meet the eligibility criteria for award of the Army Reserve Components Achievement Medal during the 4-year period 28 January 1980-27 January 1984.

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)                                         AR20140000656



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ABCMR Record of Proceedings (cont)                                         AR20140000656



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