IN THE CASE OF:	  

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150003482 


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 Commendation Medal, Army Achievement Medal, and Armed Forces Reserve Medal.

2.  The applicant states it was standard operating procedure for the U.S. Army Reserve (USAR) to award a veteran who had completed 6 years of service the Army Commendation Medal or the Army Achievement Medal.  He was not given any awards.  He was also discharged from the USAR but was 5 months short of qualifying for the Armed Forces Reserve Medal.  He should have been given more time in the USAR to qualify for this award.  They seemed to be in a rush to get rid of him.  This was unfair.  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Retirement Points Statement 
* USAR Discharge Orders 

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.  With respect to the applicant's request for award of the Army Commendation Medal and/or Army Achievement Medal, based upon his application, the evidence of record, and accompanying supporting documents he provides, it does not appear he was recommended for or awarded the Army Commendation Medal and/or Army Achievement Medal. 

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her.  There is no evidence that the applicant has submitted a request to the U.S. Army Human Resources Command (HRC) and was denied relief. 

	b.  Title 10, U.S. Code, (USC) section 1130 (10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the applicant must submit his request through a Member of Congress who will send it to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  Because he has not submitted his request in accordance with 10 USC 1130, and has not subsequently been denied relief, his request to this Board for award of the Army Commendation Medal and/or Army Achievement Medal is premature and this issue will not be discussed further in the Record of Proceedings. 

3.  The applicant's records show he enlisted in the New Jersey Army National Guard (NJARNG) on 23 December 1981 and held military occupational specialty (MOS) 11B (Infantryman). 

4.  He entered active duty for training (ADT) on 3 May 1982 and completed required training for award of MOS 11B.  He was honorably released from ADT on 3 August 1982. 

5.  He was honorably separated from the NJARNG on 28 November 1984. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he completed 3 years of ARNG service.  

6.  His DA Form 2-1 (Personnel Qualification Record) shows he enlisted in the U.S. Navy Reserve on 29 November 1984.  His U.S. Navy records are not available for review with this case. 

7.  He enlisted in the USAR in the rank/grade of specialist four (SP4)/E-4 on 12 December 1985.  He was assigned to Company C, 78th Division Training Group, Edison, NJ. 

8.  On 4 February 1987, Headquarters, 78th Division published Orders 8-2 reassigning him from his troop program unit to the USAR Control Group (Reinforcement) effective 4 February 1987 as an unsatisfactory participant. 

9.  He reenlisted in the USAR on 6 October 1989.  He was still assigned to the USAR Control Group (Reinforcement)

10.  On 29 December 1989, the USAR Personnel Center, St. Louis published Orders C-12-062665 reassigning him from the USAR Control Group (Reinforcement) to a troop program unit of the USAR, Headquarters and Headquarters Company, 78th Division, effective 26 December 1989. 

11.  On 11 June 1991, Headquarters, First U.S. Army, Fort Meade, MD published Orders 83-22 ordering his honorable discharge from the USAR effective 11 June 1991.  

12.  On 11 June 1999, HRC issued him a Retirement Points Statement that reflects his ARNG and USAR retirement points.  This form shows during Retirement Year (RY) 19811223-19821222, he earned 110 retirement points.  He then earned less than 50 points (mostly membership points) in each of the successive RYs until 19891223-19901222 when he earned 78 retirement points

13.  Army Regulation 600-8-22 (Military Awards) states 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.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device.

14.  Army Regulation 600-8-22 states the conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

DISCUSSION AND CONCLUSIONS:

There are two ways to qualify for award of the Armed Forces Reserve Medal.  He does not meet either criteria. In short: 

	a.  This award is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years and requires that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  He did not complete 10 years and only two of his years were qualifying. 

	b.  After 1 August 1990, this award may be awarded to those who were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  He was not called to nor did he volunteer for active duty 


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)                                         AR20150003482





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ABCMR Record of Proceedings (cont)                                         AR20150003482



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