IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140014002
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 (ARCAM) and correction of his records to show he was separated in the rank and grade of sergeant (SGT)/E-5.
2. The applicant states he should have received the ARCAM because he satisfactorily performed 6 years of annual training and drill duty without any disciplinary action. He contends that the paperwork for his promotion to
SGT/E-5 was filed by his company commander.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an Honorable Discharge Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 16 June 1966.
3. His DD Form 214 shows he served on active duty for training from 16 October 1966 to 26 February 1967.
4. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank and grade of specialist four (SP4)/E-4 on 31 March 1968. It does not show he was promoted to SGT/E-5 or that he was awarded the ARCAM.
5. Headquarters, First U.S. Army Special Orders Number 175, dated 23 June 1972, discharged him from the USAR in the rank/grade of SP4/E-4, effective 15 June 1972.
6. There are no orders or any other evidence in his available military records that show he was promoted to the rank/grade of SGT/E-5 or that he was awarded the ARCAM.
7. He provided an Honorable Discharge Certificate that shows he was honorably discharged from the USAR on 15 June 1972 in the rank/grade of SP4/E-4.
8. Army Regulation 600-8-22 (Military Awards) states the ARCAM 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 USAR 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 on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the ARCAM and for correction of his records to show he was discharged in the rank/grade of SGT/E-5 has been carefully considered.
2. In order to qualify for the ARCAM, Soldiers must have completed 4 years of qualifying service on or after 3 March 1972. He was discharged on 15 June 1972. Therefore, he is not authorized the ARCAM.
3. There is no evidence in his available records and he provided no evidence that indicates he was promoted to the rank/grade of SGT/E-5. Therefore, there is no basis to correct his records to show he was separated in the rank/grade of SGT/E-5.
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) AR20140014002
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ABCMR Record of Proceedings (cont) AR20140014002
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