IN THE CASE OF:  	  

		BOARD DATE:  16 April 2015	  

		DOCKET NUMBER:  AR20140014453


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 2009 to show she was awarded or authorized the: 

* Army Commendation Medal (ARCOM) (2nd Award)
* Army Reserve Components Achievement Medal (ARCAM) (1st Oak Leaf Cluster (OLC))
* Army Reserve Components Overseas Training Ribbon (ARCOTR) (2nd Award) 

2.  The applicant states, in effect, at the time she was released from active duty (REFRAD) she did not have all the supporting documentation to support her entitlement.  Also, she was told to submit to this agency for correction of her records in the future.  

3.  The applicant provides:

* a self-authored letter, dated 23 July 2014
* a DD Form 214 for the period ending 20 February 2009
* two certificates for award of the ARCOM
* two memoranda, subject: Award of ARCAM, dated 15 November 2006 and 15 November 2007
* Order Number 007786, issued by 77th Regional Support Command, Flushing, NY, dated 27 December 2002
* Order Number 020563, issued by Army Reserve Medical Command, Pinellas Park, FL, dated 4 April 2007 

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 was appointed as a Reserve commissioned officer of the Army, in the Army Nurse Corps, on 20 November 2001.  She held military occupational specialty 66H (Medical-Surgical Nurse).  

3.  Her record reveals the following:

* a memorandum, issued by Headquarters, 7221st U.S. Army Medical Support Unit, Wilmington, Delaware on 15 November 2006, which shows she was awarded the ARCAM (1st Award) for the period 20 November 2001 through 19 November 2004
* Permanent Order Number 155-01, issued by the Great Plains Regional Medical Command on 4 June 2009, awarded her the ARCOM for exceptional service while assigned as a Case Manager for the Community Based Health Care Organization – Arkansas from 24 March 2008 to 15 January 2009

4.  Her record contains a DD Form 214 that shows she entered active duty on   24 March 2008 and was honorably REFRAD on 20 February 2009, by reason of completion of required active service.  She was transferred back to a USAR troop program unit.  Her DD Form 214 for this period of service shows she was awarded or authorized the:

* ARCOM
* Army Achievement Medal (3rd Award)
* ARCAM
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* ARCOTR
* Armed Forces Reserve Medal w/ M Device

5.  She provides the following documentation:

* Order Number 007786, issued by 77th Regional Support Command, Flushing, NY, dated 27 December 2002, ordered her to annual training (AT)/overseas deployment training (ODT) in Guatemala for 15 days beginning on 15 January 2003
* an ARCOM Certificate that shows she was awarded the ARCOM for meritorious service from 1 October 2003 to 27 February 2004, annotated as Order Number 339-24, issued by the 348th General Hospital – Hospital Unit Base, Fort Dix, NJ 
* Order Number 020563, issued by Army Reserve Medical Command, Pinellas Park, FL, dated 4 April 2007, ordered her to Landstuhl, Germany for a period of 15 days of ODT beginning on 14 April 2007  
* a memorandum, issued by Headquarters, 7221st U.S. Army Medical Support Unit, Wilmington, DE on 15 November 2007, subject: Award of ARCAM, shows she was awarded the ARCAM for the period of service November 2004 through November 2007 with 1st OLC

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

     a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

     b.  The ARCAM is awarded to USAR personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard unit, USAR troop program unit, or as an individual mobilization augmentee.  Active Guard Reserve Soldiers and officers are not authorized award of the ARCAM.  Since 3 March 1972 the medal has been authorized on completion of 4 years of service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The period of qualifying service for award of the ARCAM was reduced in 1995 from 4 to 3 years.  This change is not retroactive.  A member must be recommended for the award by his/her unit commander.

     c.  The ARCOTR is awarded to members of the RC for successful completion of AT or ADT for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 for the period ending on 20 February 2009 to show she was awarded or authorized the ARCOM (2nd Award), ARCAM (2nd Award), and the ARCOTR (2nd Award) was carefully considered.   

2.  Orders show she was awarded the ARCOM (2nd Award), which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.  

3.  The evidence of record shows she was awarded the ARCAM (2nd Award) for service from November 2004 through November 2007.  This award is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.  

4.  Orders show she was ordered to ADT/AT/ODT to Guatemala and Germany and it appears that she did serve the duty.  Therefore, it appears she served two qualifying periods of overseas training, which would qualify her for award of the ARCOTR with Numeral 2.  This award is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award. 

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:

* deleting from her DD Form 214 ending on 20 February 2009 the:

* Army Commendation Medal
* Army Reserve Components Achievement Medal 
* Army Reserve Components Overseas Training Ribbon

* adding to her DD Form 214 ending on 20 February 2009 the:

* Army Commendation Medal (2nd Award)
* Army Reserve Components Achievement Medal (2nd Award)
* Army Reserve Components Overseas Training Ribbon with Numeral 2




      _______ _   _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)                                         AR20120014150



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ABCMR Record of Proceedings (cont)                                         AR20140014453



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