IN THE CASE OF:	 

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090021501 


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:

	a.  the Army Reserve Components Achievement Medal. 

	b.  two awards of the Army Reserve Components Overseas Training Ribbon; and

	c.  the Armed Forces Reserve Medal with "Hourglass" and "M" Device.

2.  The applicant states that the Army Reserve Components Achievement Medal was never added to any of his DD Forms 214.  He also states that the two awards of the Army Reserve Components Overseas Training Ribbon were listed on his 1992 DD Form 214 but not his 1993 DD Form 214.  He further states that he was not awarded the Armed Forces Reserve Medal with "Hourglass" and "M" Device after his mobilization to Saudi Arabia in support of Operations Desert Shield/Storm.  

3.  The applicant provides a copy of a memorandum, dated 8 August 1993, showing award of the Army Reserve Components Achievement Medal; copies of his DD Forms 214 for the period ending on 21 June 1991 and for the period ending on 9 December 1993; a copy of his DD Form 215 (Correction to DD Form 214), dated 19 August 1992; a copy of a recommendation for award of the Army Reserve Components Overseas Training Ribbon, dated 5 December 1987; and a copy of a memorandum, dated 20 July 1989, showing award of the Army Reserve Components Overseas Training Ribbon, 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 initially enlisted in the U.S. Army Reserve (USAR) on 9 April 1982.  He subsequently entered active duty for training (ADT), completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He was assigned to the 222nd Transportation Company, Phoenix, AZ. 

3.  The applicant’s records also show he was discharged from the USAR on 8 April 1987 and subsequently enlisted in the Arizona Army National Guard (AZARNG) on 9 April 1987.  

4.  On 5 December 1987, by memorandum addressed to the Division of Military Affairs, AZARNG, the applicant’s immediate commander recommended the applicant for award of the Army Reserve Components Overseas Training Ribbon (1st Award) for service from 12 September 1987 through 2 October 1987.  

5.  The applicant’s records also show he was discharged from the ARNG on 8 April 1988 and he enlisted in the USAR on 9 April 1988.  He was assigned to the 348th Transportation Company, Phoenix, AZ.

6.  On 20 July 1989, by memorandum, the applicant’s immediate commander recommended the applicant for his award of the Army Reserve Components Overseas Training Ribbon for service from 10 March to 26 March 1989.  



7.  On 11 October 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 3 December 1990 to 24 May 1991.  He was honorably released from active duty to the control of his USAR unit on 21 June 1991.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending on 21 June 1991 shows he was awarded the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, the Army Reserve Overseas Training Ribbon (2nd Award), the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

9.  On 19 August 1992, the applicant was issued a DD Form 215 that added awards of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal, and one overseas service bar to his DD Form 214 ending on 21 June 1991.

10.  On 4 December 1992, the applicant enlisted in the Regular Army.  He held MOS 88M and was assigned to the 6th Support Battalion, Berlin, Germany, from on or about 21 December 1992 to 8 December 1993.  He was honorably discharged on 9 December 1993 by reason of unsatisfactory performance.  

11.  On 8 August 1993, by memorandum, the applicant’s immediate commander notified the applicant that he awarded him the Army Reserve Components Achievement Medal for service from 10 December 1986 through 10 December 1990.

12.  Item 13 of his DD Form 214 ending on 9 December 1993 shows he was awarded the Army of Occupation Medal (Army-Air Force), the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Driver and Mechanic Badge, and the Kuwait Liberation Medal.  

13.  On 13 January 2009, the applicant was issued a DD Form 215 that added one Overseas Service Bar to his DD Form 214, ending on 9 December 1993.

14.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.   The Army Reserve Components Achievement Medal is awarded to USAR personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years of service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced in 1995 from 4 to 3 years.  This change is not retroactive.  A member must be recommended for the award by his/her unit commander.

	b.  The Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Component of the Army, (ARNG and USAR), for successful completion of annual training (AT) or ADT for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the Army Reserve Components Overseas Training Ribbon.

	c.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Component of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and 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 to award this award but does not constitute a break in service.  The Ten-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 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.

	d.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.




	e.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Reserve Components Achievement Medal, the Army Reserve Components Overseas Training Ribbon (2nd Award), and the Armed Forces Reserve Medal with “Hourglass” and “M” device.

2.  With respect to award of the Army Reserve Components Achievement Medal, the evidence of record shows the applicant’s immediate commander awarded him the Army Reserve Components Achievement Medal for service from 
10 December 1986 through 10 December 1990 which is not shown on his DD Form 214 ending on 9 December 1993; therefore, he is entitled to correction of this DD Form 214 to show this award.

3.  With respect to the Army Reserve Components Overseas Training Ribbon, the evidence of record shows the applicant was awarded two awards of the Army Reserve Components Overseas Training Ribbon for successful completion of AT or ADT from 12 September 1987 to 2 October 1987 and 10 March to 26 March 1989; however, neither is shown on his DD Form 214 ending on 9 December 1993; therefore, he is entitled to correction of this DD Form 214 to show both awards.

4.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 3 December 1990 to 24 May 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).

5.   With respect to the Armed Forces Reserve Medal with "Hourglass" and "M" Device, the evidence of record shows the applicant enlisted in the USAR on 9 April 1982 and served continuously in a USAR or ARNG status until 4 December 1992.  Therefore, he met the criteria for award of the Armed Forces Reserve Medal with the "Hourglass" Device.  Additionally, he was ordered to active duty on 11 October 1990 and subsequently served in Southwest Asia from 3 December 1990 to 24 May 1991.  Therefore, he met the criteria for wear of the "M" Device with the Armed Forces Reserve Medal and he is entitled to 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:

	a.  deleting from his DD Form 214 ending on 9 December 1993 the Kuwait Liberation Medal; and

	b.  adding to his DD Form 214 ending on 9 December 1993 the Army Reserve Components Achievement Medal, the Army Reserve Components Overseas Training Ribbon (2nd Award), the Armed Forces Reserve Medal with "Hourglass" and "M" Device, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).



      _______ _   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)                                         AR20090021501



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ABCMR Record of Proceedings (cont)                                         AR20090021501



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