IN THE CASE OF:  

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20090004520 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Good Conduct Medal, the Overseas Service Ribbon, a second award of the Army Commendation Medal, and two additional awards of the Armed Forces Reserve Medal with “M” Device.

2.  The applicant states that the awards were left off his DD Form 214 due to an administrative oversight.

3.  The applicant provides a copy of a memorandum, dated 25 November 2008, titled: Statement of Wartime Service-Combined Joint Task Force Phoenix, Afghanistan; a copy of Orders 353-406, issued by Headquarters, Combined Joint Task Force Phoenix, Afghanistan, on 18 December 2008, awarding him the Good Conduct Medal (1st Award); and a copy of an undated certificate, issued by the Afghan Regional Security Integration Command-West, Afghanistan, showing award of the Army Commendation Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he initially enlisted in the New York Army National Guard (NYARNG) for a period of 8 years on 8 October 1996.  He subsequently entered active duty for training, completed basic combat and advanced individual training, and was awarded military occupational specialty 19D (Cavalry Scout).  His records also show he executed a 3-year extension on 3 March 2002 and a 6-year extension on 11 September 2005.
2.  On 3 September 2002, the applicant was ordered to active duty in support of Operation Noble Eagle.  He completed 11 months and 23 days of creditable active service and was honorably released from active duty to the control of his NYARNG unit on 25 August 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 25 August 2003 shows he was awarded the National Defense Service Medal, the Humanitarian Service Medal, the Armed Forces Reserve Medal with “M” Device (2nd Award), and the Army Service Medal.

4.  On 20 January 2004, the applicant was again ordered to active duty in support of Operation Iraqi Freedom.  He subsequently served in Kuwait/Iraq from 3 April 2004 to 13 September 2004.  He was assigned to Company B, 1st Battalion, 258th Field Artillery, which supported the 759th Military Police Battalion, a subordinate element of the 89th Military Police Brigade.  He was honorably released from active duty to the control of his ARNG unit on 11 October 2004.

5.  Item 13 of the DD Form 214 he was issued on 11 October 2004 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service and Expeditionary Medals, the Humanitarian Service Medal, the Armed Forces Reserve Medal with “M” Device (3rd Award), and the Army Service Ribbon.

6.  On 17 January 2008, the applicant was again ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan from 6 April 2008 to 3 January 2009.  He was honorably released from active duty to the control of his ARNG unit on 21 March 2009.

7.  Item 13 of his DD Form 214 he was issued on 21 March 2009 shows he was awarded the Afghanistan Campaign Medal with one bronze service star, the Army Commendation Medal, the Army Reserve Components Achievement Medal (3rd Award), the National Defense Service Medal (2nd Award), the Global War on Terrorism Service and Expeditionary Medals, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Armed Forces Reserve Medal with “M” Device 
(2nd Award), and the NATO Medal.

8.  Headquarters, 89th Military Police Brigade, Permanent Order Number 
329-057, dated 24 November 2004, shows the applicant was awarded the Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 7 April to 1 August 2004.
9.  Headquarters, Afghan Regional Security Integration Command-West, Afghanistan, Permanent Order 336-003, shows the applicant was awarded the Army Commendation Medal for meritorious service in support of Operation Enduring Freedom from 5 April 2008 to 9 January 2009.

10.  Headquarters, Combined Joint Task Force Phoenix, Afghanistan, Orders 353-406, dated 18 December 2008, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service during the period 17 January 2008 through 16 January 2009.

11.  The applicant submitted a copy of a memorandum, dated 25 November 2008, issued by the Adjutant, Afghan Regional Security Integration Command-West, which shows that, at the end of his tour in Afghanistan, the applicant would receive several awards, among which are the Armed Forces Reserve Medal with “M” device and the Overseas Service Ribbon.

12.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

13.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

14.  Army Regulation 600-8-22 states that the Armed Forces Reserve Medal was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, 1953 and Executive Order 13013, dated 
6 August 1996.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years under several conditions, among which: on or after 1 August 1990, the member was called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, United States Code (USC).  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal 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.  The “M” Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve 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.

15.  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.  Multiple periods of service during one designated contingency will count as one “M” Device award.  If no hourglass is authorized, the “M” device will be positioned in the center of the ribbon, followed by Arabic numerals indicating the number of times the device has been awarded, starting with the second award, no number is worn for the first award.  

16.  Review of the applicant’s records indicates his entitlement to additional awards which are not shown on his DD Form 214.  

17.  Headquarters, Department of the Army General Orders Number To Be Determined (TBD) awarded the 89th Military Police Brigade the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service in support of Operation Iraqi Freedom from 20 January to 
10 December 2004.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, the Overseas Service Ribbon, a second award of the Army Commendation Medal, and the fourth award of the Armed Forces Reserve Medal with “M” Device.

2.  Permanent orders awarded the applicant two awards of the Army Commendation Medal for meritorious service, one of which is not shown on his last DD Form 214; therefore, he is entitled to correction of his last DD Form 214 to show a second award of the Army Commendation Medal.

3.  Permanent orders awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service during the period 17 January 2008 through 16 January 2009 which is not shown on his last DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Good Conduct Medal (1st Award).

4.  With respect to the Armed Forces Reserve Medal, the applicant's DD Form 214 incorrectly shows he was awarded the Armed Forces Reserve Medal with "M" Device (2nd Award).  The governing regulation provides that no more than one Armed Forces Reserve Medal may be awarded to any one person and that multiple periods of service during one designated contingency will count as one "M" Device.  The applicant was awarded his first Armed Forces Reserve Medal for his honorable and satisfactory service as a member or ARNG for a period of 10 years.  He was then awarded the "M" Device for his deployment in support of Operation Noble Eagles.  He subsequently served in Kuwait/Iraq from 3 April 2004 to 13 September 2004 and in Afghanistan from 6 April 2008 to 3 January 2008.  Therefore, his DD Form 214 should show "Armed Forces Reserve Medal with Bronze Hourglass and 'M' Device with Numeral 3."

5.  General orders awarded the applicant’s unit the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service in support of Operation Iraqi Freedom from 20 January 2004 to 10 December 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation.

6.  With respect to the Overseas Service Ribbon, the available evidence shows the applicant completed a period of 5 months and 10 days in Kuwait/Iraq foreign/overseas service from 3 April 2004 to 13 September 2004 and a period of 8 months and 29 days of continuous foreign/overseas service in Afghanistan from 6 April 2008 to 3 January 2009, for a total of 1 year, 3 months, and 9 days of cumulative foreign service.  This period of service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.


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:

   a.  deleting the Army Commendation Medal and the Armed Forces Reserve Medal (2nd Award) from item 13 of the applicant’s DD Form 214 issued on 
21 March 2009; and 

	b.  adding the Good Conduct Medal (1st Award), the Army Commendation Medal (1st Oak Leaf Cluster), the Armed Forces Reserve Medal with Bronze Hourglass and "M" Device with Numeral 3, the Overseas Service Ribbon, and the Meritorious Unit Commendation to item 13 of his DD Form 214 issued on 21 March 2009.

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 four awards of the Armed Forces Reserve Medal.




      _______ _   _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)                                         AR20090004520



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ABCMR Record of Proceedings (cont)                                         AR20090004520



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