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Decision Text

ARMY | BCMR | CY2001 | 2001056676C070420
Original file (2001056676C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001056676


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

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Melvin H. Meyer Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Armed Forces Reserve Medal and the Armed Forces Service Medal.

3. The applicant states, in effect, that, when he was evacuated from Southwest Asia to Germany, his unit stopped all positive actions for his entitlement to these awards. He contends that he was unaware that he qualified for the two medals until recently. He also states that his DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) shows that he deployed to Southwest Asia, Germany and Egypt. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he entered active duty on
14 August 1972 and was separated on 19 September 1973 with a general discharge. He enlisted in the U.S. Army Reserve (USAR) on 15 June 1982 and served until he was called to active duty on 31 January 1991 in support of Operation Desert Shield/Storm. He was released from active duty on 21 March 1991 and returned to the USAR. The applicant entered active duty again on
9 May 1994 and served in Germany in support of the European Theater - Retrograde Mission. He was separated from active duty and released to the USAR on 20 September 1994.

5. The applicant’s DD Form 214 with an effective date of 20 September 1994 does not show the Armed Forces Reserve Medal or the Armed Forces Service Medal as authorized awards.

6. Based on his dates of service in the USAR from 15 June 1982 to 30 January 1991 (8 years, 7 months and 16 days) and from 22 March 1991 to 8 May 1994
(3 years, 1 month and 17 days), the applicant completed 11 years, 9 months and 3 days of inactive service.

7. There is no evidence in the available records which shows the applicant was awarded the Armed Forces Service Medal. There is no evidence in the available records which shows the applicant met the qualifications for award of the Armed Forces Service Medal.

8. There is no evidence in the available records which shows the applicant served in Egypt as claimed in his application.

9. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal. It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. The conditions for award of the AFRM include requirements for such service to be completed within 12 consecutive years and 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 District of Columbia is excluded from credit to ward this award but does not constitute a break in service. The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service. The first 10 years is denoted by a bronze hourglass, the second 10 year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass. Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass on the AFRM.

10. Army Personnel Command Message with a Date/Time Group of 231630Z August 1996 authorized award of the Armed Forces Reserve Medal and Mobilization (“M”) Device for qualified personnel who were mobilized during the Persian Gulf War, Operation Restore Hope in Somalia, Operation Uphold Democracy in Haiti, and Operation Joint Endeavor in Bosnia.

11. Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions. Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria: (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation. Those operations which qualify for award of the Armed Forces Service Medal are announced by the U.S. Total Army Personnel Command in orders placed on the Internet.

CONCLUSIONS:

1. The applicant is entitled to award of the Armed Forces Reserve Medal with a bronze hourglass since he completed over 10 years of inactive service between 15 June 1982 and 8 May 1994.

2. The applicant is also entitled to award of the Armed Forces Reserve Medal with “M” Device for his service during the Persian Gulf War. Therefore, the applicant is entitled to correction of his military records to show award of the Armed Forces Reserve Medal with “M” Device with a bronze hourglass.

3. Review of the messages governing award of the Armed Forces Service Medal fail to show that it was authorized for the applicant’s service in Southwest Asia or Germany. There is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for award of the Armed Forces Service Medal. Therefore, the applicant is not entitled to award of the Armed Forces Service Medal.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Reserve Medal with “M” Device with a bronze hourglass.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

LLS____ MHM____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Luther L. Santiful____
                  CHAIRPERSON




INDEX

CASE ID AR2001056676
SUFFIX
RECON
DATE BOARDED 20010906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0076
2. 107.0000
3.
4.
5.
6.


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