BOARD DATE:	 2 February 2012

		DOCKET NUMBER:  AR20110010912 


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 the:

* Army Commendation Medal (ARCOM) (4th Award)
* Armed Forces Reserve Medal (AFRM) with "Hourglass"
* Civil Affairs (CA) and Psychological Operations (PSYOPS) Training Brigade as the last duty assignment and command to which transferred 

2.  He states he was assigned to the CA and PSYOPS Training Brigade during the period his DD Form 214 covers and he was reassigned to the same unit as a Troop Program Unit Soldier after he was released from active duty.  He states he was awarded the ARCOM (4th Award).  Additionally, he maintains the AFRM should show a bronze hour glass device since he has more than 10 years of service.

3.  He provides the following:

* DD Form 214
* Four ARCOM certificates
* Orders A-01-0006333, dated 8 January 2010, with amendment Orders 
A-01-0006333A01, dated 2 December 2010
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 13 May 2011


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 U.S. Army Reserve (USAR) on 20 July 1998.  On 9 November 2009, he was ordered to active duty in support of Operation Enduring Freedom.  His unit of assignment was listed as U.S. Army Civil Affairs and Psychological Operations Command (USACAPOC). 

3.  Orders A-01-0006333, dated 8 January 2010, show he was further ordered to active duty with a report date of 7 February 2010 to "1 CA and PSYOPS Training Brigade."  His unit identification code (UIC) was listed as W8E3AA.

4.  Orders 031-0264, dated 31 January 2011, show he was released from active duty effective 6 February 2011.  This order lists the UIC in his standard name line as "W7VNAA."  The order also shows he was assigned to USACAPOC (Airborne).

5.  His 6 February 2011 DD Form 214 shows in:

* Item 8a (Last Duty Assignment and Major Command), "W7VNAA" 
U.S. Army Forces Command
* Item 9 (Command to Which Transferred), USACAPOC (Airborne),
2929 Desert Storm Drive, Stop C, Fort Bragg, NC
* Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows in part, the ARCOM (3rd Award) and AFRM with "M" Device

6.  The applicant provided four certificates containing the order numbers and dates for award of the ARCOM.  The certificates he provided are also contained in his official military personnel file (OMPF). 


   a.  Permanent Order Number 186-38, dated 5 June 2003, shows he was awarded the ARCOM for the period 27 March to 1 June 2003 for exemplary performance in support of Operation Enduring Freedom/Operation Iraqi Freedom.  The award states the applicant has been an integral part of Highway Regulation Division through his knowledge and skill in the use of various in-transit visibility systems.  His efforts reflect great credit upon himself, the 
3d Transportation Agency Movement Control, and the United States Army.  
   
   b.  Permanent Order Number 214-20, dated 2 August 2003, shows he was awarded the ARCOM for the period 27 March to 27 July 2003 for exemplary performance in support of Operation Iraqi Freedom.  The award states the applicant has been an integral part of Highway Regulation Division through his knowledge and skill in the use of various in-transit visibility systems.  His efforts reflect great credit upon himself, the 3d Transportation Agency Movement Control, and the United States Army.  
   
   c.  Permanent Order Number 106-005, dated 15 April 2008, shows he was awarded the ARCOM for exceptionally meritorious service during Operation Iraqi Freedom from 9 October 2007 to 29 June 2008.
   
   d.  Permanent Order Number 327-02, dated 5 December 2010, shows he was awarded the ARCOM for meritorious service from 9 November 2009 to
6 February 2011.
   
7.  His ARPC Form 249-E shows he served continuously from 20 July 1998 to 
30 June 2010 and he was credited with 11 years, 11 months, and 11 days of qualifying service for retirement.

8.  His OMPF is void of any amendments or revocation orders concerning award of the ARCOM.

9.  Information obtained from the Enlisted Distribution and Assignment System shows UIC "W7VNAA" is the unit designation for USACAPOC.

10.  Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.

11.  Army Regulation 600-8-22 states the conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of 10 qualifying years and that the qualifying service be completed within 12 consecutive years. 

12.  Army Regulation 600-8-22 states the Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each 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 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.

13.  Army Regulation 635-5 (Separation Documents) provides guidelines for the preparation of the DD Form 214.  The regulation states that all available records will be used for the preparation of this form.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation provides a brief description of each entry made on the form.  In item 8a, the preparer is to enter the individual's last duty assignment and title of the major command or agency having jurisdiction over that organization.  Additionally, in item 9 list the command to which the individual is being transferred.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded an ARCOM for the period 27 March to 1 June 2003 and 27 March to 27 July 2003.  Although the certificates contain two different permanent order numbers, the periods of service overlap each other and the "performance" cited in both certificates, for which he was recognized, are almost identical.  

2.  It appears that Permanent Order Number 186-38, dated 5 June 2003, should have been revoked since the regulation states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Additionally, the performance cited in the award is also covered in the certificate containing Permanent Order Number 214-20.  Although he provides four certificates containing different order numbers, only three of the certificates contain different periods of service.  Therefore, his DD Form 214 is correct as constituted. 


3.  The evidence of record shows he enlisted in the USAR on 20 July 1998.  His ARPC Form 249-E shows he served continuously in the USAR until 30 June 2010 and was he credited with 11 years, 11 months, and 11 days of qualifying service for retirement.  His records show he was awarded the AFRM with "M" Device.  Therefore, he met the criteria for award of the AFRM with the bronze "Hourglass" Device and he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows UIC "W7VNAA" is the unit designation for USACAPOC which is the acronym for the U.S. Army Civil Affairs and Psychological Operations Command.  The regulation instructs the preparer to list the last duty assignment and title of the major command.  Therefore, item 8a should be corrected to add the command with the UIC entry in item 8a.  

5.  His orders confirm he was assigned to USACAPOC upon being released from active duty.  Therefore, his DD Form 214, in regard to item 9, is correct as constituted.  

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: 

* adding to item 8a of his 6 February 2011 DD Form 214 the entry of U.S. Army Civil Affairs and Psychological Operations Command 
* deleting from item 13 of his 6 February 2011 DD Form 214 the AFRM with "M" Device and
* adding to item 13 of his 6 February 2011 DD Form 214 the AFRM with bronze "Hourglass" and "M" 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 ARCOM (4th Award) and changing the command to which transferred in item 9.  



      _______ _ 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)                                         AR20110010912



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ABCMR Record of Proceedings (cont)                                         AR20110010912



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