IN THE CASE OF:	  

		BOARD DATE:	        22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007834 


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 award of the National Defense Service Medal (NDSM) with a bronze service star and the Armed Forces Reserve Medal (AFRM) with "M" Device.  He also requests that item 11 (Primary Specialty) and item 12c (Net Active Service this Period) be corrected to show 1 year and 1 month.

2.  The applicant states, in effect, that his periods of mobilization met the requirements for award of the AFRM with "M" Device.  He also states, in effect, that although he received two sets of orders he served for one continuous period without a break in service during his active duty mobilization.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and two copies of orders in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was commissioned as an officer in the Army National Guard on 10 May 1980 and transferred to the U.S. Army Reserve on 10 May 2005.

2.  Orders T-12-749928, U.S. Army Human Resources Command, St. Louis, MO, dated 8 December 2007, show that the applicant was ordered to active duty for operational support on 2 January 2008 for a period of 30 days.

3.  Orders A-01-800821, U.S. Army Human Resources Command, Alexandria, VA, dated 14 January 2008, show that the applicant was ordered to active duty for operational support for a contingency operation on 1 February 2008 for a period of 11 months and 30 days.

4.  Item 11 of the applicant's DD Form 214 shows that he served for 1 year in his primary specialty.

5.  Item 12 (Record of Service) of the applicant's DD Form 214 contains the following entries:

	a.  Item 12a (Dated Entered AD [Active Duty] This Period) shows "2008  02  01";

	b.  Item 12b (Separation Date this Period) shows "2009  01  30"; and

	c.  Item 12c shows "0001  00  00."

6.  The applicant's Soldier Management System current mobilization data shows that the applicant was mobilized during the following dates in 2008:

	a.  2 January 2008 to 31 January 2008 and

	b.  1 February 2008 to 30 January 2009.

7.  On 30 January 2009, the applicant was released from active duty after completing his required active military service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the Joint Service Commendation Medal, Meritorious Service Medal (3rd award), Army Commendation Medal (2nd award), Army Achievement Medal, Army Reserve Components (RC) Achievement Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Army RC Overseas Training Ribbon, and AFRM.

8.  The applicant's record includes an ARPC Form 249-E (Chronological Statement of Retirement Points), dated 21 September 2009, which confirms that during the period he served in the Army National Guard and the U.S. Army Reserve between 10 May 1980 and 9 May 2009, he was credited with 2786 retirement points with 29 years of qualifying service for retirement.

9.  Army Regulation 600-8-22 (Military Awards) 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 were called to active duty on or after 1 August 1990 and served under Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406, or, in the case of the U.S. Coast Guard Reserve, Title 14, U.S. Code, section 712.  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 10-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 is denoted by a silver hourglass, and the third 10-year period is denoted 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 the NDSM is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.  The NDSM is authorized as a one-time only exception to members of the Army National Guard and the U.S. Army Reserve who were part of the Selected Reserve in good standing from 2 August 1990 through 30 November 1995.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.

11.  Army Regulation 635-5 (Separation Documents) states to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 in item 12a for which a DD Form 214 was not previously issued.  The amount of service in item 12c is computed by subtracting item 12a from item 12b, minus lost time.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was mobilized in support of Operation Enduring Freedom and he is entitled to award of the AFRM with "M" Device.  Evidence of record also shows that the applicant served for 29 consecutive years in the Reserve Components of the Armed Forces of the United States.  Therefore, he is entitled to award of a silver hourglass device and correction of his military records to show the award of the AFRM with "M" Device and silver hourglass device.

2.  The NDSM is authorized as a one-time only exception to members of the Army National Guard and the U.S. Army Reserve who were part of the Selected Reserve in good standing from 2 August 1990 through 30 November 1995.  The NDSM was also authorized to service members who performed honorable active duty service from 11 September 2001 to a date to be determined.  Therefore, it would be appropriate to correct the applicant’s record to show award of the NDSM with one bronze service star.

3.  Orders show that the applicant was ordered to active duty from 2 January 2008 to 31 January 2008 and from 1 February 2008 to 30 January 2009 without a break in service for a total of 1 year and 1 month.  Therefore, the following items on his DD Form 214 should be corrected:

	a.  item 11 should be corrected read "1 YRS  1 MOS,"

	b.  item 12a should be corrected to read "2008  01  02," and

   c.   item 12c should be corrected to read "0001   01  00."

BOARD VOTE:

____X____  ____X____  ___X_____  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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 30 January 2009, by:

	a.  deleting the NDSM and the AFRM from item 13,

	b.  adding the AFRM with "M" Device and silver hourglass and the NDSM with one bronze service star to item 13, and

	c.  amending item 11 to read "1 YRS  1 MOS,"

	d.  amending item 12a to read "2008  01  02", 

	e.  amending item 12c to read "0001   01  00."



      __________XXX_______________
                 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)                                         AR20090007834



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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