IN THE CASE OF:	  

		BOARD DATE:	    4 August 2011

		DOCKET NUMBER:  AR20110003042 


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 (AFRM) with "M" Device.

2.  The applicant states Executive Order Number 10313, dated 6 August 1996, confirms his entitlement to the AFRM with "M" Device.

3.  The applicant provides the following:

* Executive Order Number 10313
* AFRM Fact Sheet, dated 10 April 2002
* DD Form 214

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 record shows he enlisted in the Regular Army on 2 October 1991 and continuously served until he was honorably released from active duty (REFRAD) on 1 October 1995.  The DD Form 214 issued at that time shows he completed 4 years of net active service during this period.  The DD Form 214 shows his Reserve obligation termination date as 16 June 1999 and his transfer to a U.S. Army Reserve (USAR) unit.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 1 October 1995 shows he earned the following awards:

* Army Lapel Button
* Joint Service Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

4.  On 15 December 1995, the applicant was ordered to active duty in support of Operation Joint Endeavor as a member of the USAR.  He was REFRAD by reason of completion of required service on 7 July 1996.

5.  The DD Form 214 issued at that time shows he completed 6 months and 23 days of net active service during this period.  Item 12 (Foreign Service) contains the entry "0000 00 00" which indicates he completed no foreign service.

6.  Item 13 does not include the AFRM with "M" Device.  Item 18 (Remarks) includes an entry which shows he served in Bosnia from 22 December 1995 to 15 June 1996.

7.  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.  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, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, 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.  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 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the AFRM with "M" Device.

2.  The evidence of record confirms he was ordered to active duty in support of Operation Joint Endeavor as a member of the USAR and his DD Form 214 shows he completed 5 months and 24 days of service in Bosnia from 22 December 1995 to 15 June 1996 during this mobilization period.  His call to active duty satisfies the criteria necessary to support award of the AFRM with "M" Device and it would be appropriate to correct his record by adding this award at this time.

3.  By regulation, the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f.  Therefore, item 12f of his DD Form 214 for the period ending 7 July 1996 should be corrected by deleting the current entry and adding "0000 05 24."

BOARD VOTE:

__X_____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 7 July 1996 as follows:

* item 12f – deleting the current entry and adding "0000 05 24"
* item 13 – adding 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)                                         AR20110003042



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ABCMR Record of Proceedings (cont)                                         AR20110003042



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