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ARMY | BCMR | CY2014 | 20140013493
Original file (20140013493.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  18 June 2015	  

		DOCKET NUMBER:  AR20140013493 


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:

	a.  removal of a memorandum, Subject:  Award of the Army Reserve Component Achievement Medal (ARCAM) (1st Award), dated 13 December 2005; and a memorandum, Subject:  Award of the ARCAM (2nd Award), dated 13 December 2005, from his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) and

	b. that his social security number (SSN) be changed on his DA Form 638 (Recommendation for Award), dated 20 February 2008, recommending him for award of the Army Commendation Medal (4th Oak Leaf Cluster).  

2.  The applicant states:

   a.  he was in an Active Guard Reserve (AGR) status when the ARCAMs were awarded.
   
   b.  Army Regulation 600-8-22 (Military Awards), dated 11 December 2006, Section III, paragraph 4-15 states, "AGR Soldiers and officers are not authorized award of the ARCAM."

	c.  it is clear that the DA Form 638 was intended for Lieutenant Colonel [applicant's name]; however, the SSN is incorrect.  A previous form must have been used without changing the SSN.

3.  The applicant provides;

* DA Form 638, dated 20 February 2008
* two memoranda, dated 13 December 2005
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving in an AGR status in the rank of colonel (COL)/O-6.

2.  On 16 June 1985, the applicant was appointed as a Reserve second lieutenant with a concurrent call to active duty.  His appointment letter and DA Form 71 (Oath of Office) both show his SSN as xxx-xx-1960.

3.  He was honorably released from active duty on 1 January 1997 and was transferred to a Reserve unit on the following day.  The DD Form 214 issued for this period shows his SSN as xxx-xx-1960.  

4.  Orders R-04-002232 published on 4 April 1997 show he was ordered to active duty in an AGR status on 27 April 1997.  These orders show his SSN as 
xxx-xx-1960.

5.  His personnel documents in iPERMS include permanent change of station orders, dated 18 June 2001 which show he was still serving in an AGR status as of the date of the orders.  These orders and his remaining personnel documents consistently show his SSN as xxx-xx-1960.  

6.  He was promoted to the rank of COL/O-6 with an effective date and date of rank of 24 July 2008.  These orders show his SSN as xxx xx-xx-1960.  

7.  He provided the following documents which show:

	a.  Memorandum, Subject:  Award of the ARCAM (1st Award), dated 13 December 2005, he was awarded the ARCAM for the period 29 December 1998 through 30 December 2000.  This memorandum is filed in the performance section of his OMPF.  His SSN is listed as xxx-xx-1960 on this document.

	b.  Memorandum, Subject:  Award of the ARCAM (2nd Award), dated 13 December 2005, he was awarded the ARCAM for the period 31 December 2000 through 1 January 2003.  This memorandum is filed in the performance section of his OMPF.  His SSN is listed as xxx-xx-1960 on this document.

	c.  DA Form 638, dated 20 February 2008, shows he was awarded the Army Commendation Medal (ARCOM) for the period 14 April 2007 to 25 June 2008 by Permanent Order Number 078-01, dated 18 March 2008 and his SSN was listed as xxx-xx-3114 in block 6.  This SSN is entirely different than the SSN listed on his DD Form 214 for the period ending 1 January 1997.  A handwritten entry at the top of this document indicates his SSN as listed on his DD Form 214.  His record contains a DA Form 4980-14 (ARCOM Certificate) which reflects the same information, but shows his SSN as xxx-xx-1960.  A search of the SSN of 
xxx-xx-3114 in the Human Resources Command - Soldier Management System revealed this SSN belongs to a general officer.  

8.  His service record contains a memorandum, dated 4 October 2013, from the Office of the Chief, Army Reserve, which shows the results of the Fiscal Year 2013 Release from Active Duty (REFRAD) Board held from 15-18 July 2013 was approved by the Chief of Army Reserve on 3 September 2013.  He was not selected for release and may continue serving in the AGR program.

9.  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 Army National Guard or U.S. Army Reserve 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was in an AGR status during the period April 1997 through September 2013.

2.  Based on the regulation in effect at the time, AGR personnel were not authorized to be awarded the ARCAM.  Therefore, he would not have been eligible for the ARCAM for the period 29 December 1998 through 30 December 2000 and from 31 December 2000 through 1 January 2003. 

3.  Based on the foregoing, it would be appropriate to remove the two memoranda dated 13 December 2005 authorizing him the first and second award of the ARCAM from the performance section of his OMPF.  

4.  The applicant's contention that his SSN on the DA Form 638 is incorrect is acknowledged and determined to have merit.  
5.  The evidence of record shows the applicant's SSN was incorrectly listed on the DA Form 638, dated 20 February 2008.  The SSN currently listed on this form belongs to a general officer.  Therefore, it would be appropriate to amend this document to show his SSN as shown on his DD Form 214 for the period ending 1 January 1997.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  removing the memorandum, Subject:  Award of the ARCAM (1st Award), dated 13 December 2005 and the memorandum, Subject:  Award of the ARCAM (2nd Award), dated 13 December 2005 from the performance section of his OMPF.

	b.  amending his DA Form 638, dated 20 February 2008, to delete the current SSN and replacing it with the SSN as listed on his DD Form 214 for the period ending 1 January 1997.



      __________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)                                         AR20140013493





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ABCMR Record of Proceedings (cont)                                         AR20140013493



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