IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090017552
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) to show award of the Armed Forces Reserve Medal with "M" Device.
2. The applicant states he was ordered to active duty in support of Operation Desert Storm and the Armed Forces Reserve Medal with "M" Device was approved by executive order after his discharge.
3. The applicant provides a copy of his DD Form 214, dated 17 May 1991; a copy of his DD Form 215 (Correction to DD Form 214), dated 22 January 1992; and a copy of Executive Order 13013, dated 6 August 1996, in support of his request.
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 records show he enlisted in the Regular Army on 25 March 1986 and held military occupational specialty 71M (Chaplain Assistant). He was honorably released from active duty on 24 March 1989 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.
3. On 8 January 1991, he was ordered to active duty in support of Operations Desert Shield/Desert Storm and was assigned to the 44th General Hospital, Fort McCoy, WI. He was honorably released from active duty to the control of his USAR unit on 17 May 1991.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending 17 May 1991 shows the Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal, and Army Achievement Medal.
5. On 22 January 1992, he was issued a DD Form 215 that added awards of the Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
6. Army Regulation 600-8-22 states that the Armed Forces Reserve Medal was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, dated 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, dated 1953, and Executive Order 13013, dated 6 August 1996. 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, and 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 is denoted by a silver hourglass, and the third 10-year period is denoted by a gold hourglass. The "M" Device is authorized for wear on the Armed Forces Reserve Medal 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 designated by the Secretary of Defense as defined in Title 10, U.S. Code, section 101(A)(13).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he was ordered to active duty in support of contingency operations (Operations Desert Shield/Storm) from 8 January 1991 to 17 May 1991. Therefore, he served a qualifying period for award of the Armed Forces Reserve Medal with "M" Device and correction of his records to show this award.
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 adding to his DD Form 214 award of the Armed Forces Reserve Medal with "M" Device.
____________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) AR20090017552
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090017552
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