IN THE CASE OF:	

		BOARD DATE:	22 September 2009  

		DOCKET NUMBER:  AR20090009209 


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 reconsideration of his request for award of the Armed Forces Reserve Medal and Army Commendation Medal.

2.  The applicant states he has two issues with the Board's findings regarding his original request for correction of his records.

   a.  He states in his original request he was requesting two (not three) awards of the Armed Forces Reserve Medal for longevity of service (i.e., the silver hour glass), along with three awards of the "M" (Mobilization) Device.  He adds that his retirement points history shows he is entitled to two awards of the Armed Forces Reserve Medal for longevity of service, and his Report of Separation and Record of Service shows he was mobilized and ordered to active duty three times, which provides evidence of his entitlement to the Armed Forces Reserve Medal with the silver hour glass and three awards of the "M" device.
   
   b.  He states he was also requesting award of the Army Commendation Medal; however, the Board did not address the matter.  He adds he was recommended for the award after he retired from the service, but never received the award.  He also states that the documents he provides in this request for reconsideration were used by the award recommender as a history of his commendable service in support of the recommendation for award of the Army Commendation Medal.

3.  The applicant provides, in support of his application, the following documents: Army National Guard (ARNG) Retirement Points History Statement (RPAS), dated 22 September 1997; NGB Form 22 (Report of Separation and Record of Service) with an effective date of 24 January 1997; a third-party statement, dated 5 November 2007; and front page of a DA Form 638 (Recommendation for Award), undated.  He also identifies numerous documents in his self-authored statement that were submitted as enclosures to the DA Form 638; however, these documents were not attached to the application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001123 on 30 October 2008.

2.  The applicant's original application requested correction of his 8 February 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) to add awards that were not recorded on the document due to a combination of factors.  The ABCMR directed correction of the applicant's DD Form 214 to show award of the National Defense Service Medal with 1 bronze service star, Army Good Conduct Medal, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Air Force Longevity Service Award with
1st Oak Leaf Cluster, Overseas Service Ribbon, Army Achievement Medal, Army Reserve Components Achievement Medal with 1 Silver Oak Leaf Cluster, Army Reserve Components Overseas Training Ribbon with 2nd Oak Leaf Cluster, Armed Forces Reserve Medal with "M" Device, Southwest Asia Service Medal with1 bronze service star, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, Marksman Marksmanship Qualification Badge with Rifle Bar; and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Accordingly, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 22 May 2009, was issued to correct his
8 February 1995 DD Form 214.  However, the DD Form 215 shows that the entry for the Armed Forces Reserve Medal was incorrectly recorded as the Armed Forces Service [emphasis added] Medal with M Device.

3.  The applicant provides new argument that will be considered by the Board.

4.  The applicant contends that the previous Board decision did not properly address his eligibility for the Armed Forces Reserve Medal because it did not address the multiple awards aspect and failed to address his request for award of the Army Commendation Medal.

5.  The applicant served on active duty in the Regular Army from 18 February 1966 through 8 January 1969; the United States Army Reserve (USAR) Control Group from 9 January through 2 September 1969; and the California Air National Guard from 3 September 1969 through 15 March 1979.  He also served in the California Army National Guard (CAARNG) from 5 July 1979 through 24 January 1997 and was then transferred to the USAR (Retired Reserve).

6.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm on 3 January 1991; he was honorably released from active duty (REFRAD) on 7 June 1991; and transferred to his CAARNG Troop Program Unit (TPU).  This document also shows he served in Southwest Asia from 30 January to 17 May 1991.
  
7.  A DD Form 214 shows the applicant was ordered to active Federal service in support of Operation Garden Plot on 1 May 1992; he was honorably REFRAD on 9 May 1992; and transferred to his CAARNG TPU.

8.  A DD Form 214 shows the applicant was ordered to active duty in support of Operation Uphold Democracy on 5 October 1994; he was honorably REFRAD on 8 February 1995; and transferred to the CAARNG.

9.  An NGB Form 22 shows the applicant enlisted in the CAARNG on 5 July 1979; he was honorably discharged on 24 January 1997; and transferred to the USAR (Retired Reserve).  Item 18 (Remarks) shows the applicant was ordered to active duty in support of Operation Uphold Democracy from 5 October 1994 to 8 February 1995; ordered to active Federal service in support of Operation Garden Plot from 1 May to 9 May 1992; and ordered to active duty in support of Operation Desert Shield/Desert Storm from 3 January to 7 June 1991 with service in Southwest Asia from 30 January to 17 May 1991.

10.  The applicant's ARNG RPAS, dated 22 September 1997, shows that, as of
24 January 1997, the applicant had completed a total of 27 years, 10 months, and 21 days of creditable service for retirement pay.  This statement shows he completed two 10-year qualifying periods of service for award of the Armed Forces Reserve Medal.  The first within a total period of 12 documented retirement year ending (RYE) dates that span the period from 8 January 1971 to 4 July 1982 and the second within the 10-year retirement year period beginning
5 July 1982 to RYE date 4 July 1992.

11.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Commendation Medal.

12.  In support of his application, the applicant provides a third-party statement by Sergeant Major Wesley M______, USAR (Retired), which states that he personally recommended the applicant for award of the Army Commendation Medal for his service from 1993 to 1997.  The applicant also provides a Recommendation for Award that shows he was recommended for award of the Army Commendation Medal for meritorious service based on his retirement; however, the document is undated, it does not contain any information pertaining to the recommending official, the recommendation is not signed, and it does not contain the reverse side of the form to show chain of command endorsements.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Reserve Medal. 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.  The conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and 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.

   a.  The Ten-year Device (hourglass with Roman numeral "X") is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.  The first 10 years of Reserve Component service is denoted by a bronze hourglass, the second 10-year period 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 Armed Forces Reserve Medal.

   b.  The "M" Device will be worn on the Armed Forces Reserve Medal 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.  The "M" Device may only be awarded to individuals who have qualified for award of the Armed Forces Reserve Medal.

       (1)  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 Armed Forces Reserve Medal may be awarded to any one person.  Multiple periods of service during one designated contingency will count as one "M" Device award.
       (2)  If no "M" Device is authorized, the appropriate hourglass will be positioned in the center of the ribbon.  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. 
       (3)  If both the hourglass and the "M" Device are awarded, the hourglass will be positioned in first position on the ribbon (at the wearer's right), the "M" Device in the middle position, and the numeral for the number of times the "M" Device has been awarded in the remaining position (at the wearer's left). 
14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22, paragraph 1-14 (Time limitation), provides that, except for the provisions of Title 10, U.S. Code, section 1130, a recommendation for an award or decoration must be entered administratively into military channels within two years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."

16.  Title 10, U.S. Code, section 1130, provides that a Member of Congress may request consideration of a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under Title 10, U.S. Code, section 1130.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for two awards of the Armed Forces Reserve Medal for longevity of service, along with three awards of the "M" Device, and award of the Army Commendation Medal should be reconsidered because the Board did not properly address his eligibility for the Armed Forces Reserve Medal and failed to address his request for award of the Army Commendation Medal.

2.  Records show the applicant completed two qualifying 10-year periods of service for award of the Armed Forces Reserve Medal and that he was ordered to active duty on three separate occasions during a mobilization or a contingency designated by the Secretary of Defense.  Therefore, it would appropriate to correct his DD Form 214 to show award of the Armed Forces Reserve Medal with silver hour glass, "M" device, and numeral "3".

3.  The evidence provided is insufficient to show that a recommendation for award was entered administratively into military channels within two years of the service to be honored.  Specifically, there is no evidence a DA Form 638 was submitted into military channels (i.e., signed by the initiating official and endorsed by a higher official in the chain of command).  In addition, there is no evidence that such an award was approved and announced in orders.  Therefore, there is insufficient evidence to support the applicant's claim to the Army Commendation Medal.

4.  The documentation provided by the applicant in support of his original request for award of the Army Commendation Medal, along with the documents he provides and refers to in support of this request for reconsideration were carefully considered.  However, this evidence is insufficient to support award of the Army Commendation Medal.  

5.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant's right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 amendment of the ABCMR's decision in Docket Number AR20080001123, dated 30 October 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his
8 February 1995 DD Form 214, as corrected by the DD Form 215, dated 22 May 2009 by:

a. deleting from item 13 the Armed Forces Service Medal with M Device; and

   b.  adding to item 13 the Armed Forces Reserve Medal with silver hour glass, "M" device, and numeral "3".

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 the Army Commendation 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)                                         AR20090009209



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009209



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1