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ARMY | BCMR | CY2014 | 20140010129
Original file (20140010129.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010129 


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. 

2.  The applicant states he was on active duty in 1972 and no longer in a Reserve status.  He was unaware this award existed and there was no reason for the records personnel not to recognize his eligibility for this award.

3.  The applicant provides his DA Form 20 (Personnel Qualification Record). 

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's records pertaining to his service in the U.S. Army Reserve (USAR) are not available for review with this case.  However, upon retirement from active duty in 1981, a DAPC-PS Form 143 (Computation of Officer's Service) was completed.  This form shows he served in the USAR:

* from 26 March 1957 to 31 May 1958; he completed 15 days of active service and 1 year, 1 month, and 20 days of inactive service
* from 1 June 1958 to 1 June 1961; he completed 1 month and 17 days of active service and 2 years, 10 months, and 14 days of inactive service

3.  He was appointed as a Regular Army (RA) officer on 3 June 1961.  He served in a variety of assignments and he was advanced to major (MAJ).    He retired from active duty on 31 March 1981 and he was placed on the Retired List in his retired grade of MAJ on 1 April 1981. 

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), as amended by his DD Form(s) 215 (Correction to DD Form 214) does not show the Army Reserve Components Achievement Medal.

5.  His available records are void of any indication showing he was authorized or awarded the Army Reserve Components Achievement Medal during his period of service in the USAR.

6.  His records do not contain a Chronological Statement of Retirement Points.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Achievement Medal was established by the Secretary of the Army on 3 March 1971 and amended by Department of the Army General Orders 4, 1974.  It is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard (ARNG) or USAR troop program unit (TPU) or as an individual mobilization augmentee (IMA).  The first design bears the inscription "United States Army Reserve," the other design bears the inscription, "Army National Guard."  Approval authority for award of the Army Reserve Components Achievement Medal 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 Army Reserve Components Achievement Medal to USAR IMA Soldiers.  Orders are not published for the award of this medal.  Approved Army Reserve Components Achievement Medal is announced using an official memorandum.  The records custodian will then annotate the records.  The following may qualify for award:

	a.  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.

	b.  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.

	c.  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.

	d.  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:

The Army Reserve Components Achievement Medal was established on 3 March 1971.  It is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR TPU or as an IMA.  Between 3 March 1972 and 28 March 1995, the medal was authorized on completion of 4 years ofservice with a reserve component unit.  The applicant was not a member of a Reserve component unit during this period.  He was a member of the Regular Army.  Therefore, he does not meet the criteria and is ineligible for this award. 
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)                                         AR20140010129





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ABCMR Record of Proceedings (cont)                                         AR20140010129



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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