MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2002
	DOCKET NUMBER:   AR2002071860

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Army Service Ribbon (ASR) and the Armed Forces Reserve Medal (AFRM).

APPLICANT STATES:  That his U. S. Army and U. S. Army Reserve (USAR) service qualifies him for award of the ASR and AFRM.  He provides his Reports of Transfer or Discharge, DD Forms 214, as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

That he enlisted in the Regular Army on 13 February 1967.  He was honorably discharged on 4 December 1967 for the purpose of accepting a commission on  5 December 1967.  On 8 September 1970, he was released from active duty and transferred to the USAR upon completing his required active service.  He reentered active duty on 17 December 1972 and was again released from active duty and transferred to the USAR on 16 December 1974.  (On 25 July 1974, his DD Form 214 for the period ending 8 September 1970 was amended to add, among other awards, the Army Good Conduct Medal.)

Effective 23 February 1987, the applicant was removed from the Ready Reserve. By letter dated 22 April 1996, he was informed that he had completed the maximum service a member of the USAR could serve in an active status.  He was transferred to the Retired Reserve effective 20 August 1996.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  The ASR was established on 10 April 1981 and is awarded to members of the U. S. Army for successful completion of initial entry training.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and USAR in an active Reserve status are eligible for this award.  The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The AFRM is awarded for honorable and satisfactory service as a member or former 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, during each anniversary year, a minimum of 50 retirement points.  The Ten-year device is authorized for wear on the AFRM to denote each succeeding 10-year period.

Army Regulation 310-25, Dictionary of United States Army Terms, defines Active Army as consisting of (1) members of the Regular Army on active duty; (2) members of the Army National Guard of the United States and Army Reserve on active duty (other than for training); (3) members of the Army National Guard in the service of the United States pursuant to a call; and (4) all persons appointed, enlisted, or inducted into the Army without component.

A statement of retirement points obtained from the U. S. Army Reserve Personnel Command (AR-PERSCOM) is incomplete.  It does not list any of the applicant’s active duty service and shows a complete break in service between 
retirement year ending date 4 December 1985 and 5 December 1992.  The statement shows he earned 50 or more retirement points only for retirement years ending 4 December 1975 and 4 December 1977 and only 15 membership points per year after 4 December 1980.

Army Regulation 600-8-22 also provides for award of the Army Good Conduct Medal to enlisted soldiers who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years.  For the first award only, less than 3 years but more than 1 year upon termination of service on or after 17 June 1950 is qualifying.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The available evidence of record shows the applicant did not meet the eligibility requirement for award of the ASR in that he did not have an Active Army status on or after 1 August 1981.  

3.  The available evidence of record shows that the applicant is not eligible for award of the AFRM.  The available statement of retirement points shows that he earned a minimum of 50 retirement points only twice.  His statement of retirement points contains an obvious error in that it does not list his active duty service.  The applicant should coordinate directly with AR-PERSCOM to correct his statement of retirement points, to include any retirement points this statement may be missing.  He may then request reconsideration for award of the AFRM if he believes the correction makes him eligible for the award.

4.  It is noted that the Army Good Conduct Medal was erroneously added to the applicant’s DD Form 214 for the period ending 8 September 1970.  As a commissioned officer, he is not authorized this medal.  As a prior-service enlisted soldier, he did not meet the 1-year eligibility requirement to be awarded it.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __  SK    _  _ _JPI  __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002071860	
SUFFIX		
RECON		
DATE BOARDED	2002/07/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0076	
2.	107.0078	
3.		
4.		
5.		
6.