IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100017871
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 he be awarded the Armed Forces Reserve Medal (AFRM) with "M" (mobilized) Device.
2. The applicant states he was ordered to active duty in support of Operation Noble Eagle for consequence management/airport security. He contends that he was never awarded the AFRM with "M" Device like other Soldiers who received it for Operation Noble Eagle.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), a DD Form 215 (Correction to DD Form 214), and active duty orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army National Guard on 22 May 1997 and entered active duty for training on 10 September 1997. Upon completion of training, he was awarded military occupational specialty 95B (Military Police).
3. Massachusetts National Guard Orders Number 275-354, dated 2 October 2001, ordered him to active duty for special work for the purpose of consequence management/airport security under the authority of Title 32, U.S. Code, section 502(f).
4. He entered active duty on 2 October 2001 and was released from active duty on 29 March 2002 upon completion of the required active service. Block 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal (2nd award) and the Army Service Ribbon.
5. He was discharged from the Army National Guard on 2 June 2002.
6. He was issued a DD Form 215, dated 18 September 2006, which corrected his DD Form 214 for the period ending 29 March 2002 by adding to block 13 the National Defense Service Medal and the Global War on Terrorism Service Medal.
7. Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components 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, U.S. Code. The member must have been called or 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, U.S. Code.
8. Army Regulation 600-8-22 states the "M" Device will be worn on the AFRM 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 AFRM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is eligible for the AFRM with "M" Device has been carefully reviewed.
2. The awards regulation provides that the AFRM is awarded for service as a member of one or more of the Reserve Components for a period of 10 years and to members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406 of Title 10, U.S. Code. He was ordered and served on active duty from 2 October 2001 through 29 March 2002 under the authority of Title 32, U.S. Code, Section 502. Therefore, he is not entitled to the AFRM.
3. In view of the above, there is no basis to grant the requested relief.
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) AR20100017871
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ABCMR Record of Proceedings (cont) AR20100017871
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