IN THE CASE OF:	  

		BOARD DATE:	        20 August 2009

		DOCKET NUMBER:  AR20090004269 


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 that her 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to delete the Meritorious Service Medal (MSM) and replace it with an Army Commendation Medal (ARCOM).  She also requests that the Army Reserve Components Achievement Medal (5th Award) (ARCAM) and the Armed Forces Reserve Medal (AFRM) with bronze hour glass be added to the DD Form 214.

2.  The applicant states the MSM was listed in error.  She notes the award was downgraded to an ARCOM.  She states the ARCAM and AFRM were omitted in error.

3.  The applicant provides a copy of the downgraded recommendation for award of the MSM and documents confirming award of the ARCAM and AFRM. 

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant accepted a direct appointment as a United States Army Reserve first lieutenant on 1 May 1992.  The applicant is currently assigned to in a troop program unit in Maine.

2.  On 22 March 2006 she was ordered to active duty in support of Operation Enduring Freedom.  During her period of active duty she was assigned to a medical unit in Germany.

3.  On 5 April 2007 the applicant was recommended for award of the MSM in recognition of her meritorious service during her period of active duty in Germany.  According to an entry on the applicant’s 2007 DD Form 214, she departed Germany on 5 July 2007.  The MSM recommendation was downgraded to an ARCOM by the Commanding General, European Regional Medical Command, the award approval authority, on 10 July 2007.  Orders confirming award of the ARCOM were issued by the European Regional Medical Command on 25 July 2007.

4.  On 2 August 2007 the applicant was released from active duty.  Item 13 (decorations) on her DD Form 214 reflects award of the Meritorious Service Medal and the AFRM with “M” device, among others.  It does not reflect award  of an ARCOM or the ARCAM.  Item 18 (remarks) notes the applicant was separated from the service on temporary records and her affidavit.

5.  On 7 February 2009 the applicant’s United States Army Reserve unit issued memoranda confirming award of the AFRM with bronze hourglass for the period May 1992 to May 2002 and the ARCAM (5th Award) for the period 1 May 2004 to 1 May 2007.  Records available to the Board do not contain evidence of any other awards or decorations, including prior awards of the ARCAM.

6.  Army Regulation 600-8-22 (Military Awards) states that the ARCAM is awarded for exemplary behavior, efficiency, and fidelity while service as a member of the Army National Guard or United States Army Reserve troop program unit or as an individual mobilization augmentee.  Effective 28 March 1995 the period of qualifying service for the ARCAM was reduced from 4 to 3 years.  

7.  Army Regulation 600-8-22 also provides for award of the 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, United States Code, or, in the case of the US Coast Guard Reserve, Section 712 of Title 14 USC.  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 Section 
101(A) (13) of Title 10 USC.  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.  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.  In the event that both the “M” Device and the hourglass are awarded the hourglass will be positioned in the first position on the ribbon and the “M” Device in the middle position.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates the applicant’s DD Form 214 was prepared on temporary records and the applicant’s affidavit.  In view of the fact that the applicant’s MSM recommendation was not downgraded to an ARCOM until after she had departed Germany it is likely the MSM was recorded on the DD Form 214 with the expectation that the award would be approved as recommended.  Unfortunately that was not the case and the award was ultimately approved as an ARCOM and not the MSM.  As such, it would be appropriate to delete the MSM from the applicant’s 2007 DD Form 214 and replace it with the approved ARCOM.

2.  Memoranda provided by the applicant show she was awarded the ARCAM (5th Award) and the AFRM with bronze hourglass.  While her DD Form 214 already reflects the AFRM with “M” Device, she is also entitled to affix the bronze hourglass to the AFRM.  The fact that neither memoranda was issued until after her DD Form 214 was issued would explain why the awards were omitted.  Her DD Form 214 should be corrected accordingly.  



BOARD VOTE:

___x_____  __x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the MSM from her 2007 DD Form 214 and replacing it with the 
ARCOM; 
   
   b.  adding the ARCAM (5th Award) to her 2007 DD Form 214; and 
   
c.  adding the bronze hourglass to the AFRM with “M” Device already
recorded on her 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)                                         AR20090004269





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ABCMR Record of Proceedings (cont)                                         AR20090004269



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