IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160007019 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160007019 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. removing from the applicant's official military personnel file memorandum, subject: Award of the Army Reserve Component Achievement Medal (ARCAM), dated 1 February 2011, and b. removing the entry "ARCAM 1" from Section IX (Awards and Decorations) of his Reserve Component Manpower System Automated Record Brief. _____________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. IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20160007019 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 Army Reserve Component Achievement Medal (ARCAM) from his official military personnel file (OMPF). 2. He states placement of the ARCAM in his OMPF was in error. 3. He provides: * Memorandum, subject: Award of the ARCAM, dated 1 February 2011 * Memorandum, subject: Removal of the Award of the ARCAM, dated 8 April 2016 * Permanent Orders W04690082, dated 9 April 2016 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 United States Army Reserve (USAR) on 31 May 2007. 3. On 29 February 2008, he was ordered to active duty in in support of Operation Iraqi Freedom from 14 April 2008 to 17 May 2009. 4. The Army released him from active duty on 1 July 2009. 5. Memorandum, subject: Award of the ARCAM, dated 1 February 2011, awarded the applicant the ARCAM (1st Award) for the period May 2007 to May 2010. 6. His Reserve Component Manpower System (RCMS) Automated Record Brief, dated 24 August 2015, lists the ARCAM (1st Award) in Section IX (Awards and Decorations). 7. The applicant's platoon leader submitted a memorandum, dated 8 April 2016, in which she states his unit awarded him the ARCAM by mistake while he was on active duty. She explains that the applicant: * joined the USAR on 31 May 2007 and was on active duty from June 2007 to July 2009 * was in training (English Improvement, Basic Combat Training, and Advanced Individual Training) from June 2007 until February 2008 * was deployed from February 2008 to May 2009 * was qualified for the Army Good Conduct Medal (AGCM) during the period of deployment and should not have received the ARCAM 8. United States Army Human Resources Command, Permanent Orders W04690082, dated 9 April 2016, awarded the applicant the AGCM (1st Award) for the period 29 February 2008 to 1 July 2009. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the ARCAM is authorized for award to Army Reserve personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or USAR 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 ARCAM is reduced from 4 to 3 years (i.e., Soldiers completing 3 years of qualifying service on or after 28 March 1995 are eligible for ARCAM consideration). This change is not retroactive. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his or her retirement year. Qualifying years must be consecutive. 2. By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the AGCM. It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM. The qualifying periods of service must be continuous enlisted active Federal service. The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty. The period of service for the AGCM ends the last day the mobilized RC Soldier is on active duty. The period of service for the ARCAM begins the day after the RC Soldier is off active duty. (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is off active duty. Any time prior to mobilization is lost and cannot count towards award of the ARCAM). DISCUSSION: 1. The applicant requests removal of the memorandum, dated 1 February 2011, authoring him the ARCAM. 2. The evidence of record shows his OMPF contains a memorandum awarding him the ARCAM for the period May 2007 to May 2010, and Section IX of his RCMS Automated Record Brief reflects the ARCAM (1st Award). 3. His file also shows he received orders awarding him the AGCM (1st Award) for the period 29 February 2008 to 1 July 2009, which is consistent with his period of active duty service. As cited above, the period of service for the AGCM begins and the ARCAM ends the first day the Soldier is serving on active duty and the ARCAM begins the day after the Soldier is off active duty. Therefore, his qualification period for the ARCAM did not start until 2 July 2009, making him ineligible for the ARCAM during the period cited in the memorandum. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007019 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2