RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2007
      DOCKET NUMBER:  AR20070010460


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Jeanette R. McCants           |     |Member               |
|     |Mr. Scott W. Faught               |     |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, reconsideration of his earlier
request for the Armed Forces Reserve Medal (AFRM).

2.  The applicant states, in effect, that the highest rank held referred to
in the ABCMR Record of Proceedings indicates captain (CPT); however, his
discharge certificate shows major (MAJ).  He further states that the served
with the 601st Gun Battalion all through the shooting, but this unit was
disbanded in Germany in late 1945 or early 1946, and the 467th AW Battalion
was merely the unit he came home with.  He further indicates that the heart
of the rejection of his request for the AFRM was that the regulation quoted
stated that the requirement was
10 years ending on 1 July 1949.  He states that it is his guess that the
regulation was misinterpreted or the wrong regulation was used, and he
claims that friends from his Reserve unit received such a medal for very
similar situations.  He now asks what medal exists for post World War II
Reserve Service.  He states that in his case, he completed the Reserve
Officer Training Corps (ROTC) except for summer camp, then served in the
Enlisted Reserve Corps (ERC) and then in World War II as a Reserve Officer
in the Officer Reserve Corps (ORC).  He indicates that he remained in the
ORC after his separation from active duty and that based on his
calculations, he served in a Reserve Component (RC) for a total of 12
years.

3.  The applicant provides a Self-Authored Statement included with a
Congressional Inquiry in support of his reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20070000188, on 5 June 2007.

2.  During its original review of this case, the Board approved the
applicant's request for the Belgian Fourragere and awarded him the American
Campaign Medal and Army of Occupation Medal with Germany Clasp.  The Board
further determined that by regulation, in order to qualify for the AFRM, a
member must have completed a period of 10 years of service in one or more
RC of the Armed Forces of the United States and that there was insufficient
evidence to show the applicant had met this regulatory requirement for the
award.

3.  The applicant provides a self-authored statement as new
evidence/argument in support of his reconsideration request.  In this
statement, he questions the regulatory criteria cited in his case and
indicates that other members he served with in the Reserves earned a medal
for similar service.  He also claims to have completed a total of 12 years
of Reserve service.

4.  As indicated in the original Record of Proceedings published by the
ABCMR in this case, the applicant’s military records are not available to
the Board for review.  A fire destroyed approximately 18 million service
members’ records at the National Personnel Records Center in 1973, and it
is believed that the applicant’s records were lost or destroyed in that
fire.  This case is being considered using reconstructed records, which
primarily consist of the applicant's separation document (WD AGO Form 53-
98), Enlisted Record of Service and the documents submitted by the
applicant.

5.  The applicant's Enlisted Record of Service shows he entered the ERC on
17 February 1943, and served in that status on active duty while attending
the Officer Candidate Course through 28 July 1943, at which time he was
honorably discharged to accept an appointment in the ORC.

6.  The applicant's WD AGO Form 53-98 shows he was appointed a second
lieutenant in the ORC and entered active duty in that status on 29 July
1943.  It also shows that he served on active duty as a Reserve officer for
2 years,
11 months, and 16 days until being honorably separated on 14 July 1946.
This document also shows that he held the rank of captain on the date of
his separation from active duty.

7.  The applicant provides an Annual or Terminal Statement of Retirement
Points, dated 9 July 1953, which shows he earned 75 points for Reserve duty
he performed during the period 1 July 1952 through 20 June 1953.  He also
provides an Honorable Discharge Certificate that confirms he was honorably
discharged from the Army of the United States/United States Army Reserve
(USAR) on 25 April 1955, in the rank of major.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 5-8 contains guidance on the AFRM.  It states, in
pertinent part, that it is awarded for honorable and satisfactory service
as a member or former member of one or more of the RC of the Armed Forces
of the United States for a period of 10 years.

9.  The awards regulation further stipulates that the 10 years of RC
service required for the AFRM must have been performed within a period of
12 consecutive years and each year of active or inactive status honorable
service prior to 1 July 1949 in any RC will be credited toward this award.
It further indicates that for service performed on or after 1 July 1949, a
member must accumulate, during each anniversary year, a minimum of 50
retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the AFRM was carefully
considered and while the applicant's military records are no longer
available, there is sufficient evidence upon which to render a favorable
equity determination in this case.

2.  By regulation, in order to qualify for the AFRM, a member must have
performed 10 years of qualifying service in a RC during a 12 year period.
Each year of active or inactive status honorable service prior to 1 July
1949 in any RC will be credited toward this award; however, for service
performed on or after
1 July 1949, a member must accumulate, during each anniversary year, a
minimum of 50 retirement points.

3.  The evidence includes documents showing the applicant served in a RC
from
17 February 1943, the date of his entry into the ERC, through 25 April
1955, the date of his honorable discharge from the USAR.  It also includes
an Annual or Terminal Statement of Retirement Points, dated 9 July 1953,
which confirms he earned 61 retirement points between 1 July 1952 and 20
June 1953.

4.  As indicated in the original consideration of this case, there are no
military records remaining to verify that the applicant earned 50
qualifying points during his RC service between 1 July 1949 and 25 April
1955, with the exception of the period between 1 July 1952 and 20 June
1953.

5.  However, while the evidence confirms the proper interpretation of the
regulation was applied during the original Board consideration of this
case, the evidence does confirm the applicant accrued 7 years of qualifying
RC service prior to 1 July 1949, and an additional qualifying year between
1 July 1952 and 20 June 1953, as evidenced by the Annual or Terminal
Statement of Retirement Points on file.  Therefore, given the confirmation
of 8 years of qualifying service, the last of which occurred in 1953, it
would be reasonable and serve the interest of equity to presume he earned
sufficient qualifying points for two additional qualifying years of RC
service between 1949 and 1955, and to award him the AFRM accordingly.
6.  The applicant is advised that the recommended award cited in the
preceding paragraph and his rank of major were earned subsequent to his
release from active duty on 14 July 1946.  Therefore, this information will
not be added to his separation document, which is a summary of his active
duty service between
29 July 1943 and 14 July 1946.

BOARD VOTE:

___JTM     __JRM __  __SWF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant partial relief by amendment of the ABCMR’s decision in Docket
Number AR20070000188, dated 5 June 2007.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by awarding him the Armed Forces Reserve Medal for his 10 year
period of Reserve Component service from 17 February 1943 through 16
February 1953.

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
a correction of the rank and additional awards listed on his 14 July 1946
WD AGO Form 53-98.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010460                           |
|SUFFIX                  |                                        |
|RECON                   |AR20070000188-2007/06/05                |
|DATE BOARDED            |2007/11/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1955/04/25                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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