IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018976
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 removal of the Armed Forces Reserve Medal (AFRM) from his Official Military Personnel File (OMPF).
2. The applicant states his unit administrator mistakenly counted his active duty service when computing time served in the U.S. Army Reserve (USAR).
3. The applicant provides email correspondence directing him to this Board and a Memorandum for Record, dated 18 May 2014, awarding him the AFRM.
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. His AHRC Form 249-E (Chronological Statement of Retirement Points) shows he served in the:
* Regular Army, from 25 February 1998 to 14 April 2010
* USAR troop program unit, from 15 April 2010 to 31 July 2011
* Active Guard/Reserve, from 1 August 2011 to the present
3. He provides:
a. A Memorandum for Record, issued by Headquarters and Headquarters Company, 420th Engineer Brigade, Bryan, TX, dated 18 May 2014. This document awarded him the AFRM for the period 8 January 1998 through
7 January 2008. This document is filed in the performance section of his OMPF.
b. An email which shows his unit administrator contacted the U.S. Army Human Resources Command, Interactive Personnel Electronic Records Management System Support, requesting to have the AFRM removed from the applicant's OMPF.
4. Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years. It further states that service in a regular component of the Armed Forces is excluded from credit toward this award but does not constitute a break in service.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's Regular Army service was mistakenly used to determine his eligibility for the award of the AFRM. As such, he does not meet the criteria for this award and the Memorandum for Record authorizing the award should be removed from his OMPF.
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 removing from his OMPF the Memorandum for Record, dated 18 May 2014, awarding him the AFRM.
_______ _ _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) AR20140018976
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018976
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