IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009225 


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 National Defense Service (NDSM) and the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states, in effect, he should have been awarded the NDSM and the ARCAM for his honorable service in the U.S. Army Reserve (USAR) from 1987 to 1993.  He is submitting proof of earning these awards.  He is requesting that his records be updated and the awards added.  The NDSM is awarded for USAR service from 2 August 1990 through 30 November 1995.  The ARCAM is awarded for every 4 years of honorable USAR service.  He changed branches and discovered the error while scrubbing his military records in anticipation of the U.S. Naval Reserve (USNR) chief petty officer and limited duty officer selection boards.  He believes that his not receiving these awards, that he has rightfully earned, could be hurting his chances of advancement in the USNR.

3.  The applicant provides copies of the following:

* 1987 USAR enlistment acceptance
* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 12 February 1988
* two DA Forms 1059 (Service School Academic Evaluation Report)
* Certificate of Recognition
* Honorable Discharge Certificate
* letter from the National Personnel Records Center (NPRC)


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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the USAR, in pay grade E-1, on 31 July 1987.  He was ordered to active duty for training (ADT) on 11 August 1987.  He completed basic and advanced individual training and was awarded military occupational specialty 31C (single channel radio operator).  

3.  He was honorably released from ADT on 12 February 1988 and he was transferred to a Reserve unit.  He was credited with completing 6 months and 2 days of active service.  His DD Form 214 lists the:

* Army Service Ribbon
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badger with Rifle Bar (M-16)

4.  Orders Number 609-043, issued by Headquarters, 86th USARCOM (Special Operations Forces) on 10 May 1990, ordered him to annual training (AT) for the purpose of attending the Tactical Telecommunications Center Operator Course, with a report date of 21 July 1990.  His records contain and he provided a copy of the resulting DA Form 1059 dated 4 August 1990.

5.  Orders Number 058-021, issued by the U.S. Army Civil Affairs and Psychological Operations Command on 4 January 1991, ordered him to ADT for the purpose of attending the International Morse Code Training Course, with a report date of 24 February 1991.  His records contain and he provided a copy of the resulting DA Form 1059 dated 16 March 1991.

6.  He provided a copy of a Certificate of Recognition issued in recognition of his service during the period of the Cold War (2 September 1945 through 26 December 1991) in promoting peace and stability for this Nation.

7.  His records contain the following:

* Certified Letter of Instructions-Unexcused Absence, dated 25 August 1991, wherein he was advised of his absence from the schedule unit training assembly on 23, 24, and 25 August 1991 and his accrual of 4 unexcused absences in a 1-year period
* Certified Letter of Instructions-Unexcused Absence, dated 13 April 1992, wherein he was advised of his absence from the schedule unit training assembly on 10, 11, and 12 April 1992 and his accrual of 8 unexcused absences in a 1-year period
* Certified Letter of Instructions-Unexcused Absence, dated 4 May 1992, wherein he was advised of his absence from the schedule unit training assembly on 2 and 3 May 1992 and his accrual of 12 unexcused absences in a 1-year period
* Declaration of Unsatisfactory Participation letter, dated 5 June 1992, wherein he was advised of his accumulation of 9 unexecuted absences within a 1-year period, declaration as an unsatisfactory participant, and his transfer to the Individual Ready Reserve (IRR)
* Orders Number 111-36, dated 18 June 1992, reassigning him to the IRR effective 1 June 1992
* Orders Number D-08-564872, issued by the USAR Personnel Center on 1 August 1995, honorably discharged him from the USAR in pay grade   E-4 on the same date; he provided a copy of the resulting Honorable Discharge Certificate

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows the:

* Army Service Ribbon
* Parachutist Badge
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Sharpshooter Marksmanship Qualification Badger with Rifle Bar (M-16)

9.  His record is void of any evidence showing he was authorized or awarded the ARCAM during his period of service in the USAR.

10.  He also provided a copy of a letter, dated 30 January 2014, wherein the NPRC advised him of his authorization and shipment of the following awards:

* NCO Professional Development Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badger with Rifle Bar (M-16)
* Parachutist Badge
11.  His records also contain a Chronological Statement of Retirement Points, dated 31 December 2014, which shows he credited with 3 years of qualifying retirement service earned between 30 July 1987 and 30 July 1995.  It should show him with 4 years of qualifying service, adding the 184 active points he earned while on ADT.

12.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  NDSM is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995.  Members of the Army National Guard (ARNG) and USAR on short tours of duty to fulfill training obligations under an inactive duty training program will not be eligible for the NDSM.

   b.  ARCAM is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR troop program unit (TPU) or as an individual mobilization augmentee (IMA).  Approval authority for award of the ARCAM for USAR TPU Soldiers is the Soldier’s unit commander.  The Commander, U.S. Army Human Resource Command, is the approval authority for award of the ARCAM to USAR IMA Soldiers.  Orders are not published for the award of this medal.  Approved ARCAM is announced using an official memorandum.  The records custodian will then annotate the records.  The following may qualify for award:

		(1)  Between 3 March 1972 and 28 March 1995, the medal was authorized on completion of 4 years’ service with a reserve component 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.

		(2)  Effective 28 March 1995, the period of qualifying service for award of the ARCAM is reduced from 4 to 3 years.  That is, Soldiers completing 3 years of qualified service on or after 28 March 1995 are eligible for ARCAM consideration. This change is not retroactive.

		(3)  The member must have exhibited honest and faithful service as is in accordance with the standards of conduct, courage and duty required by law and customs of the service, of a member of the same grade as the individual to whom the standard is being applied.

		(4)  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.  A commander may not delay award or extend the qualifying period for misconduct.  A determination that service is not honorable as prescribed negates the entire period of the award.

DISCUSSION AND CONCLUSIONS:

1.  With regard to award of the NDSM, the applicant did not complete a qualifying period of service for award of the NDSM.  By regulation, members of the USAR on ADT are not eligible for the NDSM.  Therefore, he is not entitled to award of the NDSM and correction of his records to show this award.

2.  With regard to award of the ARCAM:

   a.  The evidence of record shows he was advised of several unexcused absences between August 1991 and May 1992.  He was subsequently declared an unsatisfactory participant and as a result was transferred to the IRR effective 1 June 1992.  

   b.  A review of his retirement statement shows he was not credited with 184 additional active duty for training points which would have credited him with 4  instead of 3 years of qualifying service.  However, during the period of qualifying service the Soldier must have exhibited honest and faithful service as was in accordance with the standards of conduct.  As evident by the record, it appears his misconduct beginning in August 1991 negated him being recommended or authorized the ARCAM during his period of service in the USAR.
   
   c.  There is no evidence of record and he did not provide sufficient evidence showing he was authorized or awarded the ARCAM during his period of service in the USAR.  By regulation an approved ARCAM is announced by an official memorandum and the records custodian will then annotate the records.  His record is void of any such memorandum.  Therefore, he is not entitled to the 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)                                         AR20140009225





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009225



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1