IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023313 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 September 1992 be corrected to reflect his award of the Armed Forces Reserve Medal (AFRM) with Silver Hourglass to reflect his 20 years of Reserve Component service.

2.  The applicant states that at the time his DD Form 214 was issued he was authorized to wear the AFRM with bronze hourglass; however, that award was not entered on his DD Form 214.  He goes on to state that he was transferred to the Retired Reserve effective 1 September 2001 and should now be authorized to wear the AFRM with silver hourglass.  Accordingly, that award should be added to his DD Form 214.

3.  The applicant provides:

* A copy of his DD Form 214
* A copy of a memorandum authorizing him the award of the AFRM for 10 years of satisfactory Reserve Component service as of 8 July 1988
* A copy of orders transferring him to the Retired Reserve effective 1 September 2001

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 was serving as a U.S. Army Reserve (USAR) captain on active duty when he was awarded the AFRM for 10 years of Reserve Component service on 6 December 1989 for the period ending on 8 July 1988.

3.  On 30 September 1992, he was honorably released from active duty (REFRAD) in the rank of captain and was transferred to the USAR Control Group (Reinforcement).  His DD Form 214 issued at the time of his REFRAD does not reflect his award of the AFRM.

4.  He was promoted to the rank of major on 1 October 1993 and on 1 September 2001 he was transferred to the USAR Control Group (Retired) in the rank of major. 

5.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  

6.  Army Regulation 600-8-22 states the conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  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 the District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

7.  Army Regulation 600-8-22 states the Ten-Year Device (bronze hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal to denote the first 10-year period of Reserve Component service. The first       10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass, and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze 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.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current and documented by official records at the time of preparation.  Information/events that occur subsequent to the effective date of the DD Form 214 will not be entered on that form retroactively unless the event/information occurred during the period covered by the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AFRM for his first 10-year period of Reserve Component service ending on 8 July 1988 and he was REFRAD in September 1992.  Accordingly, he is entitled to have the AFRM with bronze hourglass device added to his DD Form 214 dated 30 September 1992.

2.  However, there is no evidence to show that he subsequently served on active duty during a period that qualified for the issuance of a separation document.  Accordingly, there are no provisions to add awards that are issued subsequent to the effective date of a separation document and no basis to add additional awards to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 13 of his DD Form 214 dated 30 September 1992 his award of the AFRM with bronze hourglass device.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the AFRM with silver hourglass 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)                                         AR20100023313





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ABCMR Record of Proceedings (cont)                                         AR20100023313



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