BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090015743 


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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) or a DD Form 215 (Correction to DD Form 214) to show award of the Armed Forces Reserve Medal with "20-Year" Device.

2.  The applicant states his current DD Form 214 shows his Armed Forces Reserve Medal with 10-Year Device; however, he has completed 20 qualifying years and his DD Form 214 should be corrected to show the "20-Year" Device.

3.  The applicant provides a copy of his DD Form 214, dated 23 June 2007; a copy of his U.S. Army Reserve (USAR) Personnel Command Form 249-E (Chronological Statement of Retirement Points), dated 28 August 2009; and his Notification of Eligibility for Retired Pay at Age 60 (20-year letter), dated 7 May 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a Medical Services Corps captain in the USAR and executed an oath of office on 8 June 1987.  He served in various staff and leadership positions and was promoted to colonel.

2.  He was ordered to active duty on 25 February 2007 in support of Operation Iraqi Freedom and subsequently served in Iraq from 4 March 2007 to 10 June 2007.  He was honorably released from active duty to the control of his USAR unit on 23 June 2007.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows multiple awards including the Armed Forces Reserve Medal with 10-year Device.

4.  On 7 May 2009, he received his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  This letter notified him he had completed the required years of qualifying service and is eligible for retired pay on application at age 60.

5.  Army Regulation 600-8-22 (Military Awards) states that 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 Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406.  The 
10-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 Component 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 Title 10, U.S. Code, section 101(A)(13).

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  The DD Form 214 is prepared Active Army Soldiers on termination of active duty by reason of administrative separation, including retirement or expiration term of service, physical disability separation, or punitive discharge.  It is also prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  It is also prepared for USAR Soldiers mobilized under selected sections of Title 10, U.S. Code.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be issued a DD Form 214 or a DD Form 215 to record his Armed Forces Reserve Medal with "20-Year" Device.

2.  The applicant qualified for the Armed Forces Reserve Medal with silver hourglass 10-Year Device (2nd Award) upon completing 20 qualifying years some 2 years after he had been released from active duty.  There is no provision in the regulation to add a future award to a previously-issued DD Form 214 unless the award was earned during or before the period covered by the DD Form 214.  This is not the case here.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is not issued for the purpose of recording a specific award.  A DD Form 215 is used to correct errors or additions to a DD Form 214 discovered after the original had been delivered or distribution has been made.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  ___x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20090015743



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ABCMR Record of Proceedings (cont)                                         AR20090015743



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