BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090008615 


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) for the period ending 4 April 2009 to show that he was awarded the Armed Forces Reserve Medal with "M" Device with Numeral 2.

2.  The applicant states that according to current Army policy each Reserve Component member mobilized in support of a contingency operation earns one Armed Forces Reserve Medal with "M" Device per contingency operation.  He states that the policy stipulates that subsequent awards for the same contingency operation are not authorized.  He states that he mobilized in support of Operation Iraqi Freedom from 21 April 2004 through 31 December 2005 earning the first Armed Forces Reserve Medal with "M" Device and that he mobilized in support of Operation Enduring Freedom from 21 February 2008 through 4 April 2009 earning his second Armed Forces Reserve Medal with "M" Device.  He states that Operation Iraqi Freedom and Operation Enduring Freedom are two separate contingency operations.

3.  The applicant provides a copy of his DD Form 214 for the period ending 4 April 2009; a copy of his DD Form 214 for the period ending 31 December 2005; a copy of Total Army Personnel Command message, dated 301423Z April 2003; and excerpts from Army Regulation 600-8-22 (Military Awards).



CONSIDERATION OF EVIDENCE:

1.  With 1 month and 3 days of prior active service and 1 month and 12 days of prior inactive service as a member of the Air Force, the applicant enlisted in the Regular Army on 28 December 1999 for 3 years in the pay grade of E-1.  After completing 3 years of net active service this period, the applicant was honorably released from active duty (REFRAD) on 27 December 2002 and he was transferred to the United States Army Reserve Control Group (Reinforcement).

2.  On 14 June 2003, the applicant enlisted in the California Army National Guard (CAARNG) for 4 years.  He was ordered to active duty in support of Operation Iraqi Freedom on 21 September 2004.  He was honorably REFRAD on 31 December 2005 after completing 1 year, 3 months, and 10 days of net active service this period.

3.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he had service in Kuwait from 4 December 2004 through 29 November 2005.  His DD Form 214 also shows that he was awarded the Aircraft Crewman Badge, the Army Commendation Medal (Second Award), the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal (Second Award), the Army Service Ribbon, the Overseas Service Ribbon (Second Award), the Armed Forces Reserve Medal with "M" Device, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, and the overseas service bar.

4.  On 8 May 2007, the applicant extended his CAARNG enlistment for an additional 1 year.  He was ordered to active duty in support of Operation Enduring Freedom on 21 February 2008.  He was honorably REFRAD on 4 April 2009 after completing 1 year, 1 month, and 14 days of net active service this period.

5.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Army Commendation Medal (Third Award), the Army Achievement Medal, the Army Good Conduct Medal (Second Award), the National Defense Service Medal with one bronze service star, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Korea Defense Service Medal, the Army Service Ribbon, the Iraq Campaign Medal with one bronze service star, the Afghanistan Campaign Medal with one bronze service star, four overseas service bars, the Overseas Service Ribbon (Third Award), the Armed Forces Reserve Medal with "M" Device, the NATO Medal, and the Aircraft Crewman Badge.

6.  The copy of Total Army Personnel Command message, dated 301423Z April 2003, that the applicant submitted explains the criteria for award of the Armed Forces Reserve Medal with "M" Device for current call-up in support of Operation Iraqi Freedom.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Armed Forces Reserve Medal is with "M" Device is authorized for all contingency operations to include Operation Noble Eagle, Operation Enduring Freedom, and Operation Iraqi Freedom.  Eligible Reserve Component members who are mobilized for Operation Iraqi Freedom may be awarded the Armed Forces Reserve Medal with "M" Device.  To qualify for the "M" Device, members must have performed active duty service in support of a call-up or a designated contingency operation on or after 11 September 2001.  Any Reserve Component member who is involuntarily called to active duty for Operation Iraqi Freedom is eligible for this award.  Volunteers are also eligible for award of this medal with "M" Device.  To preclude confusion and ensure eligibility for the medal and ensure eligibility for the medal is properly documented, voluntary orders should cite that duty is in support of Operation Iraqi Freedom.  Although Operation Iraqi Freedom is the most recent operation for which Reserve Component members can be awarded the Armed Forces Reserve Medal with "M" Device, those who participated in the following operations may be awarded this medal:  Operation Enduring Freedom, Operation Noble Eagle, Operation Allied Force (Kosovo), Operations Desert Shield/Desert Storm (Persian Gulf War), Operation Restore Hope (Somalia), Operation Uphold Democracy (Haiti), Operations Joint Endeavor/Joint Guard/Joint Force (Bosnia), and Operation Desert Fox (Persian Gulf).  The "M" Device will be 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 4 April 2009 should be corrected to show that he was awarded the Armed Forces Reserve Medal with "M" Device with Numeral 2 based on the two separate contingency operations in which he served.

2.  His contentions have been noted and they are substantiated by the evidence of record.  He was ordered initially ordered to active duty in support of Operation Iraqi Freedom on 21 September 2004.  He was REFRAD on 31 December 2005 


and during this period of active duty service he was awarded the Armed Forces Reserve Medal with "M" Device.

3.  His records show that he was ordered to active duty in support of Operation Enduring Freedom on 21 February 2008 and he was REFRAD on 4 April 2009.  He was ordered to active duty in support of two separate contingency operations; therefore, in accordance with Military Personnel Message Number 96-196, he is entitled to wear the Armed Forces Reserve Medal with "M" Device with Numeral 2 and his DD Form 214 should be corrected to reflect this information.

4.  It is noted that the applicant’s DD Form 214 for the period ending 21 February 2008 appears to contain two awards for which he is not eligible.  It lists the Army Good Conduct Medal (Second Award).  However, only the first award of the Army Good Conduct Medal may be awarded for a period of less than 3 years.  It also lists the Global War on Terrorism Expeditionary Medal.  However, while his DD Form 214 for the period ending 31 December 2005 shows he served in Kuwait from 4 December 2004 through 29 November 2005, it also shows he was awarded the Iraq Campaign Medal.  Either he was in Kuwait and he was authorized only the Global War on Terrorism Expeditionary Medal, or he was in Kuwait/Iraq and was authorized only the Iraq Campaign Medal.  

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

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 


amending his DD Form 214 to show that he was awarded the Armed Forces Reserve Medal with "M" Device with Numeral 2.



      ___________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)                                         AR20090008615



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ABCMR Record of Proceedings (cont)                                         AR20090008615



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