IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090010836 


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 DD Forms 214 (Separation Documents) be corrected to show the National Defense Service Medal (NDSM) and Armed Forces Reserve Medal (AFRM).

2.  The applicant states an error was made in the preparation of her DD Forms 214.

3.  The applicant provides three DD Forms 214, an excerpt from the Army Reserve Magazine, and two letters from the National Personnel Records Center, St. Louis, MO.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that she was commissioned in the U.S. Army Reserve (USAR) Women's Army Corps (WAC) and entered active duty on 6 February 1968.  She was promoted to captain and was honorably released from active duty on 5 January 1971.  The DD Form 214 she was issued for this period of service shows her awards included the NDSM.

3.  She remained in the USAR and was assigned to a troop program unit (TPU) on 1 January 1975.

4.  The applicant was issued a DD Form 214 covering the period 3 August through 25 December 1980.  This DD Form 214 shows she had been awarded the NDSM.

5.  The applicant was ordered to active duty on 27 December 1990 in support of Operation Desert Shield/Desert Storm.  She was honorably released from active duty on 27 March 1991.  This DD Form 214 shows she had been awarded the NDSM.

6.  On 23 June 1992, the applicant, then a lieutenant colonel, was transferred to the Retired Reserve due to completion of the maximum years of service.

7.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 9 (Awards, Decorations & Campaigns) shows the applicant was awarded the NDSM; the Army Service Ribbon (ASR); the Army Commendation Medal; five awards of the Army Reserve Component Achievement Medal (ARCAM) issued on 3 March 1972, 3 March 1976, 3 March 1980, 3 March 1984, and 3 March 1988; and two awards of the AFRM issued on 28 January 1978 and 28 January 1988.

8.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, 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 (U.S.) 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.  The Ten-year-device is authorized for wear on the AFRM to denote each 10-year period as follows:  (1) A bronze hourglass will be awarded upon completion of the first 10-year period award.  (2) A silver hourglass will be awarded upon completion of the second 10-year period award.  (3) A gold hourglass will be awarded upon completion of the third 10-year period award.  (4) A gold hourglass, followed by a bronze hourglass will be awarded upon completion of the fourth 10-year award. . The “M” Device is authorized for wear on the AFRM 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 designed by the Secretary of Defense, as defined in Section 101(A)(13) of Title 10, United States Code.  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 AFRM may be awarded to any one person.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
Army Regulation 600-8-22 provides that the second and succeeding awards of the National Defense Service Medal are denoted by a bronze service star affixed to the service ribbon.

10.  Army Regulation 600-8-22 states that effective 1 August 1981, an individual is qualified for the ASR after completion of a military occupational specialty (MOS) producing course.  Officers are normally qualified for the award after completion of their basic/orientation or higher level course.  An individual who has a MOS based on skills acquired in another service or in civilian training is qualified after 4 months of active duty.  The award may be granted retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status after that date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 5 January 1971 is properly constituted and requires no correction. 

2.  The applicant's DD Form 214 for the period ending 25 December 1980 should be corrected to add three awards of the ARCAM and one AFRM with bronze hourglass based on the information contained on her DA Form 2-1.

3.  The NDSM was again authorized for the period starting on 2 August 1990; the ASR is authorized when a Soldier performs active duty after 1 August 1981 if the Soldier previously completed training; and the applicant was mobilized in support of Operation Desert Storm and Desert Shield.  As such, the applicant is entitled to correction of her DD Form 214 for the period ending 27 March 1991 to add the NDSM with bronze service star, the ASR, and the "M" Device for her AFRM.  Since the applicant was awarded her fifth ARCAM on 3 March 1988 and her second AFRM on 28 January 1988, she is also entitled to have this DD Form 214 corrected to add the five awards of the ARCAM and the Silver Hourglass to be affixed to her AFRM.

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.  adding to the DD Form 214 for the period ending 25 December 1980 three awards of the ARCAM and one AFRM with bronze hourglass; and

   b.  adding to the DD Form 214 for the period ending 27 March 1991 the NDSM with bronze service star, the ASR, the Silver Hourglass and "M" Device for her AFRM, and five awards of the ARCAM.





      _______ _   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)                                         AR20090010836



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ABCMR Record of Proceedings (cont)                                         AR20090010836



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