IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20090000358 


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, in effect, correction of his 14 November 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 7; Joint Service Commendation Medal; Selected Marine Corps Reserve Medal (6); Certificate of Appreciation (9); Letter of Appreciation (2); Certificate of Commendation (Individual Award) (2); and Letter of Commendation (2).  He also requests, in effect, correction of item 12d (Total Prior Active Service) on his DD Form 214.

2.  The applicant states, in effect, that his 14 November 2008 DD Form 214 should show the awards and decorations already shown on prior U.S. Marine Corps Reserve (USMCR) DD Forms 214.  He also states, in effect, that his USMCR DD Form 214 with an earlier separation date of 29 February 2008 shows more total prior active service than his later DD Forms 214.

3.  The applicant provides copies of DD Forms 214 for eleven periods of active duty service in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Marine Corps Reserve on 30 May 1984.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of basic field artillery battery man.
2.  The applicant attained the rank of master gunnery sergeant/pay grade E-9 while serving continuously in the USMCR prior to being honorably discharged on 19 June 2008.  On 20 June 2008, he accepted a commission in the U.S. Army Reserve in the rank of second lieutenant (2LT)/pay grade O-1, which he currently holds.

3.  Item 12d of the applicant's 29 February 2008 USMCR DD Form 214 shows
6 years, 10 months, and 15 days of total prior active service.  The applicant's 17 June 2008 USMCR DD Form 214 shows 7 years and 2 months of total prior active service.

4.  Item 12d of the applicant's 14 November 2008 DD Form 214 shows 6 years,
7 months, and 1 day of total prior active service.

5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's 30 September 2006 USMCR DD Form 214 shows award of the Joint Service Commendation Medal, Selected Marine Corps Reserve Medal (6), and the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 5.  This DD Form 214 also shows Certificate of Appreciation (9), Letter of Appreciation (2), Certificate of Commendation (Individual Award) (2), and Letter of Commendation (2).

6.  Item 23 (Type of Separation) show the applicant was released from active duty training after completion of required active service.

7.  Army Regulation 635-5 prescribes policies and procedures regarding separation documents.  Interim change 1 to the regulation dated 2 October 1989 changed the policy regarding entries that are to be made in the block for the recording of awards and decorations awarded to a Soldier.  The current policy is that entries in the block for decorations, medals, badges, citations, and campaign ribbons, awarded or authorized, will be for all periods of service.  Awards and decorations will be listed in the priority sequence specified in Army Regulation 600-8-22.

8.  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 (AFRM).  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.  Also qualifying for this award are members who on or after 1 August 1990, were called to active duty and served 


under Sections 12301(a), 12302, 12304, 12406, Title 10, U. S. Code, or, in the case of the US Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13).  Active Guard Reserve (AGR) members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device.

9.  Army Regulation 600-8-22 states that the conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  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 toward 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.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

10.  Army Regulation 600-8-22 states that when a member qualifies for the “M” Device, the Bronze “M” will be awarded, positioned on the ribbon and medal, and a number will be included on the ribbon and medal.  No more than one AFRM may be awarded to any one person.  Multiple periods of service during one designated contingency (under provisions of paragraph b(4)(a) and (b) above) will count as one “M” Device award.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and 
Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the 


order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The Board staff calculated the periods of active duty from the ten USMCR 
DD Forms 214 provided by the applicant.  The sum of that calculation show the applicant has 6 years, 7 months, and 1 day of active duty service as shown on the 14 November 2008 DD Form 214.  As such, the prior active service on the applicant’s DD Form 214 is correct as currently constituted.

2.  The applicant's corrected 15 November 2007 USMCR DD Form 214 shows award of the Armed Forces Reserve Medal with "M" Device and Bronze Numeral 6.  An Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 7 is not shown on any prior DD Form 214, nor is there an order or other acceptable source document available for verification of award.  Additionally, the applicant's 14 November 2008 DD Form 214 does not show the applicant was "called to active duty during a mobilization or a contingency designated by the Secretary of Defense," but rather, he was released from active duty for training by reason of completion of required active service.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show award of the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 7.  However, the applicant is entitled to have his DD Form 214 corrected to show award of the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 6.

3.  The current policy for completion of item 13 of the DD Form 214 is to list awards and decorations for all period of service.  Available evidence shows the applicant was awarded the Joint Service Commendation Medal and the Selected Marine Corps Reserve Medal (6).  Therefore, he is entitled to have his DD Form 214 with an ending date of 14 November 2008 corrected to show these awards.

4.  The applicant also requested that his 14 November 2008 DD Form 214 
be amended to show awarded letters and certificates.  However, item 13 is limited to awards and decorations listed in Army Regulation 600-8-22 and there 
are no provisions for including letters and certificates.  As such, the applicant is not entitled to have his 14 November 2008 DD Form 214 amended to show Certificates of Appreciation (9), Letters of Appreciation (2), Certificates of Commendation (Individual Award) (2), or Letters of Commendation (2).



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ____  ___X___  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 13 of his DD Form 214 with an ending date of 14 November 2008 the Joint Service Commendation Medal, the Selected Marine Corps Reserve Medal (6), and the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 6.

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 correction of item 12d the applicant's 14 November 2008 DD Form 214 to show additional prior active service; and adding the Armed Forces Reserve Medal with Silver Hour Glass and "M" Device and Bronze Numeral 7, Certificates of Appreciation (9), Letters of Appreciation (2), Certificates of Commendation (Individual Award) (2), and Letters of Commendation (2) to item 13 of his 14 November 2008 DD Form 214.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20090000358



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ABCMR Record of Proceedings (cont)                                         AR20090000358



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