RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050004806


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Larry J. Olson                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Armed Forces Reserve
Medal (AFRM) with "M" Device and Army Reserve Components Overseas Training
Ribbon (ARCOTR).

2.  The applicant states, in effect, that pursuant to Presidential
Executive Order 12743, dated 18 January 1991, he was ordered to active duty
and mobilized in support of Operation Desert Storm.  He indicates that
Soldiers who were mobilized on or after 1 August 1990, and who served under
Title 10 USC in support of Operation Desert Storm were authorized the AFRM
with "M" Device.  He also states that while he was deployed in Europe, he
successfully completed one month of extensive training at Grafenwoehr,
Germany, which entitles him to the ARCOTR.

3.  The applicant provides a copy of his separation document (DD Form 214),
Army Reserve Personnel Center (ARPERCEN) Western Union Mailgram and a self-
authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 13 March 1991.  The application submitted in this case is dated 22 March
2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the Army and
entered active duty on 18 November 1985.  He completed basic combat
training and advanced individual training (AIT) at Fort Knox, Kentucky.
Upon completion of AIT he was awarded military occupational specialty (MOS)
19K (Armor Crewman).

4.  The applicant continued to serve on active duty until he requested
voluntary separation on 19 January 1990.  On 22 January 1990, the
applicant's request was approved.  On 8 February 1990, he was honorably
released from active duty (REFRAD) and transferred to the United States
Army Reserve (USAR) Control Group.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains
Headquarters, United States Army Armor Center (USAAC) and Fort Knox,
Fort Knox, Kentucky Orders Number (#) 38-107, dated 7 February 1991.  These
orders assigned the applicant to the 21st Adjutant General Replacement
Battalion, Germany, in support of Operation Desert Storm.

6.  The MPRJ also contains a certificate that was presented to the
applicant in recognition of Individual Ready Reserve (IRR) activation,
deployment to Germany, and combat training in support of Operation Desert
Storm at Grafenwoehr, Germany on 3 March 1991.

7.  The applicant served on active duty until he was honorably REFRAD on
13 March 1991.  The separation document that he was issued at the time
shows he completed 1 month and 13 days of active military service during
the period covered by that DD Form 214.

8.  The applicant provides an ARPERCEN Western Union Mailgram, dated
21 January 1991, which shows he was ordered to active duty pursuant to
Presidential Executive Order of 18 January 1991, for the purpose of
mobilization.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-3 contains
guidance on award of the ARCOTR.  It states, in pertinent part, that it is
awarded to members of the Reserve Components of the Army, Army National
Guard and United States Army Reserve, for successful completion of annual
training (AT) or active duty for training for a period not less than 10
consecutive duty days on foreign soil.

10.  Paragraph 5-7 of the awards regulation contains guidance on the award
of the Armed Forces Reserve Medal.  It states, in pertinent part, that it
is awarded for honorably and satisfactory service as a member or former
member of one or more Reserve Components of the Army Forced of the United
States including Coast Guard Reserve and the Marine Corps Reserve, for a
period of 10 years within a period of 12 consecutive years.

11.  Military Personnel (MILPER) Message, DTG 301423Z APR 03, Subject:
Award of the Armed Forces Reserve Medal (AFRM) with "M" Device for Current
Call-up Operation Iraqi Freedom, provided extended guidance for the award
of the AFRM with "M" Device.  This message authorized the award of the AFRM
with "M" Device to any Reserve Component (RC) member involuntarily called
to active duty and to those who volunteer for duty in support of Operation
Iraqi Freedom.  Although Operation Iraqi Freedom is the most recent
operations in which RC members can be awarded the AFRM with "M" Device,
those who participated in Operation Desert Shield/Storm (Persian Gulf War)
were also authorized to receive the AFRM with "M” Device for mobilization
in support of Operation Desert Storm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the AFRM with “M” Device and
ARCOTR and the supporting document he provided were carefully considered
and found to have partial merit.

2.  The evidence of record confirms that pursuant to a Presidential
Executive Order, the applicant was ordered to active duty in the IRR for
the purpose of mobilization.  Headquarters, USAAC and Fort Knox Orders # 38-
107, dated
7 February 1991, further released the applicant from individual
mobilization and directed his deployment to Germany in support of Operation
Desert Storm.  Finally, he was presented a certificate in recognition of
this service.  Therefore, his call to active duty satisfies the criteria
necessary to support award of the AFRM with "M" Device, and it would be
appropriate to correct his record by adding this award at this time.

3.  By regulation, the ARCOTR is awarded to members of the Reserve
Components of the Army, Army National Guard and United States Army
Reserves, for successful completion of annual training (AT) or active duty
for training (ADT) for a period not less than 10 consecutive duty days on
foreign soil. The applicant was ordered to active duty pursuant a
Presidential Executive Order for the purpose of mobilization.  He was not
ordered to AT or ADT.  Therefore, he does not meet the criteria necessary
to support award of the ARCOTR.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___JNS _  ___PHM_  ___LJO _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing his entitlement
to the award of the Armed Forces Reserve Medal with "M" Device.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of the Army Reserve Component Overseas Training Ribbon.




            ____John N. Slone_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004806                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/03/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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