IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20140020262
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, in effect, award of the Army Reserve Components Achievement Medal (Reserve Component equivalent of the Army Good Conduct Medal) and Armed Forces Reserve Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards.
2. The applicant states he earned the medals and they should be shown on his DD Form 214.
3. The applicant provides Headquarters, Second U.S. Army, Orders 077-028, dated 30 January 1992.
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 enlisted in the U.S. Army Reserve (USAR) on 3 December 1980 under the Delayed Entry Program. He was discharged from the USAR on 26 October 1981 for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 27 October 1981.
3. On 26 October 1984, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he completed 3 years of net active service during this period and he was awarded or authorized the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class (Marksman) Marksmanship Qualification Badge with Hand Grenade Bar
4. On 28 February 1985, he reenlisted in the USAR.
5. Headquarters, Second U.S. Army, Orders 077-028, dated 30 January 1992, honorably discharged him from the USAR.
6. His records are void of memoranda awarding him the Army Reserve Components Achievement Medal and Armed Forces Reserve Medal.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve 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. Effective 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 years to 3 years.
b. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years within a period of 12 consecutive years. For service performed on or after 1 July 1949, a member must accumulate a minimum of 50 retirement points during each anniversary year.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 was a summary of the Soldier's most recent period continuous active duty. The instructions stated for item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to enter all awards and decorations for all periods of service (prior service included) as verified by the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Army Reserve Components Achievement Medal and Armed Forces Reserve Medal and correction of his DD Form 214 to show these awards was carefully considered.
2. His DD Form 214 covered his RA service during the period 27 October 1981 through 26 October 1984. He was not eligible for award of the Army Reserve Components Achievement Medal and Armed Forces Reserve Medal at the time his DD Form 214 was issued.
3. Further, his records are void of evidence showing he qualified for or was awarded the Army Reserve Components Achievement Medal and Armed Forces Reserve Medal subsequent to his active duty service.
4. In view of the foregoing, there is no basis for granting the requested relief.
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 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) AR20140021393
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ABCMR Record of Proceedings (cont) AR20140020262
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