IN THE CASE OF:	   

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110020951 


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, through multiple applications, correction of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 June 2009 to show:

* A third award of the Army Good Conduct Medal
* A second award of the Armed Forces Reserve Medal
* The U.S. Navy (USN) Expert Pistol Medal
* The U.S. Navy (USN) Expert Rifle Medal
* The Expert Marksmanship Qualification Badge with Rifle Bar
* The Expert Marksmanship Qualification Badge with Pistol Bar
* An Army Lapel Button
* The Military Outstanding Volunteer Service Medal (MOVSM)

2.  The applicant states:

* His Enlisted Record Brief (ERB) shows he was eligible for the Army Good Conduct Medal from 15 April 2006 through 14 April 2009
* He was ordered to active duty in support of Operation Enduring Freedom (OEF) in 2003 and a second time in support of Operation Iraqi Freedom (OIF) in 2006
* He received the two USN expert marksmanship medals and they were recorded on his USN DD Form 215 (Correction to DD Form 214), dated
4 October 2010, after his retirement
* 
The two Army marksmanship badges were not listed on his retirement
DD Form 214 for the period ending 9 June 2009
* He received an Honorable Discharge Certificate and should be entitled to the Army Lapel Button and correction of his DD Form 214 to show it
* He was recommended for the MOVSM on various DA Forms 638 (Recommendation for Award) in 2001, 2005, 2006, and 2009, but the recommendations were not acted upon

3.  The applicant provides:

* His ERB, dated 7 January 2009
* His Army DD Form 214 for the period ending 9 June 2009
* An Army DD Form 215 (Correction to DD Form 214), dated 20 September 2011, correcting his Army DD Form 214 for the period ending 9 June 2009
* His Army DD Form 214 for the period ending 10 February 1998
* An extract of Army Regulation 600-8-22 (Military Awards)
* An internet printout regarding the Army Lapel Button
* His Army DD Form 214 for the period ending 10 August 2004
* His USN DD Form 214 for the period ending 12 January 1991
* DD Form 215, dated 4 October 2010, correcting his USN DD Form 214 for the period ending 12 January 1991

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests the applicant be awarded the MOVSM and correction of his DD Form 214 to show this award.

2.  Counsel states:

* The applicant was recommended for this award on multiple occasions but the recommendations were either lost, misplaced, or not acted upon either because the unit was disbanded or the applicant was reassigned
* He was put in for this award on four separate occasions after having accrued multiple volunteer hours in support of the community

3.  Counsel provides:

* An extract of Army Regulation 600-8-22
* A DA Form 638, dated 13 June 2001
* Orders 101-034, issued by the State of Michigan, Department of Military and Veterans' Affairs, Lansing, MI, dated 11 April 2002
* 
A character statement concerning the applicant, dated 23 March 2002
* The front page of an undated DA Form 638 for the MOVSM
* An undated and unsigned DA Form 638 for the MOVSM
* Email exchange
* A DA Form 638 for the MOVSM, dated 16 April 2009
* Certificates, "thank you" letters, and character reference letters

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired master sergeant (MSG)/E-8 who served in various components of the Armed Forces, including the USN, U.S. Coast Guard (USCG), and the Army National Guard (ARNG), through multiple reenlistments or extensions, in a verity of stateside or overseas assignments.  He was retired from the ARNG on 9 June 2009 by reason of temporary disability.

2.  On 13 January 1987, he enlisted in the USN.  He was honorably released from active duty and he was transferred to the U.S. Navy Reserve (USNR) on 12 January 1991.  His DD Form 214 for this period of service shows he was awarded the:

* Coast Guard Ribbon (Special Operations Service)
* Meritorious Unit Commendation
* First Good Conduct Medal

3.  On 25 March 1993, he enlisted in the Arizona ARNG (AZARNG) and he held military occupational specialty 94B (Food Service Specialist).  He was honorably discharged at the expiration of his term of service obligation on 12 January 1995. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was awarded the National Defense Service Medal.

4.  On 12 January 1996, he again enlisted in the AZARNG and he was discharged on 27 August 1996.  His NGB Form 22 for this period of service did not show the reason for his discharge and did not show any awards.

5.  On 6 January 1997, he enlisted in the USCG and he was honorably involuntarily discharged on 1 July 1997.  His DD Form 214 for this period of service shows he was awarded the:

* Coast Guard Ribbon (Special Operations Service)
* Meritorious Unit Commendation
* First Good Conduct Medal for the period ending 12 January 1991

6.  On 16 March 1999, he enlisted in the Michigan ARNG (MIARNG) and he served through multiple extensions or reenlistments in a variety of assignments.  Over the years, he actively participated in unit drills and accrued qualifying years toward non-regular retirement throughout his military service.

7.  On 29 October 2003, he was ordered to active duty and he subsequently served in Egypt in support of OEF from 7 January to 21 July 2004.  He was honorably released from active duty on 10 August 2004 and reverted to the MIARNG.  His DD Form 214 for this period of service shows he completed
9 months and 12 days of net active service this period.  It also shows the:

* Army Commendation Medal
* Army Achievement Medal
* Navy Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" (mobilization) Device
* Army Service Ribbon
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Coast Guard Special Operations Service Ribbon
* Multi-National Forces and Observers Medal
* Navy Meritorious Unit Commendation
* Global War on Terrorism Expeditionary Medal

8.  On 25 July 2006, he was ordered to active duty in support of OIF.  He served in Kuwait/Iraq from 21 October 2006 to 31 May 2007 and from 1 August 2008 to 15 May 2009.  He was subsequently retained on active duty to complete his medical care and treatment.

9.  He was considered by a physical evaluation board (PEB) for various injuries and/or disabilities.  The PEB recommended his placement on the temporary disability retired list.  Accordingly, he retired on 9 June 2009 by reason of temporary disability and he was placed on the Temporary Disability Retired List (TDRL) in his retired rank/grade of MSG/E-8 on 10 June 2009.  His DD Form 214 for this period of service shows he completed 2 years, 10 months, and 15 days of creditable active service.  It also shows the:

* Legion of Merit
* Army Commendation Medal (2nd Award)
* Purple Heart
* Army Achievement Medal (2nd Award)
* Navy Meritorious Unit Commendation
* Army Good Conduct Medal (2nd Award)
* Navy Good Conduct Medal
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* NCO Professional Development Ribbon (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Coast Guard Special Operations Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal with 10-Year Device (Bronze)
* Multi-National Forces and Observers Medal
* Armed Forces Reserve Medal
* Combat Action Badge

10.  On 4 October 2010, the Department of the Navy issued him a DD Form 215 that corrected his USN DD Form 214 for the period ending 12 January 1991 by adding the:

* National Defense Service Medal
* Coast Guard Ribbon (Special Operations Service)
* Meritorious Unit Commendation
* Navy Good Conduct Medal
* Navy Expert Pistol Medal
* Navy Expert Rifle Medal

11.  On 20 September 2011, the Department of the Army issued him a DD Form 215 that corrected his Army DD Form 214 for the period ending 9 June 2009 to make administrative corrections, including adding the:

* Meritorious Service Medal
* Meritorious Unit Commendation 
* Iraq Campaign Medal with three bronze service stars

12.  He and/or his counsel submitted:

	a.  An ERB, dated 7 January 2009, that shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar.  Section III (Service Data) of this form shows 

the date of his last AGCM as 15 April 2006 and the eligibility date for the next award of the Army Good Conduct Medal as 15 April 2009.

	b.  A DD Form 214 of another Soldier covering the period 11 February 1994 to 10 February 1998.  The personal identifying information on this form, including the name, social security number, date of birth, and other identifying information are blackened out.  However, this DD Form 214 refers to a Regular Army (RA) Soldier.  This form further shows the individual was awarded multiple awards, including the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

	c.  Various extracts of Army Regulation 600-8-22 and/or internet printouts to establish eligibility for the Army Lapel Button, Army Good Conduct Medal, and the Armed Forces Reserve Medal.

	d.  A DA Form 638, dated 13 June 2001, signed by a sergeant first class, recommending him for award of the MOVSM from January 1995 to June 2001.  However, this form is neither endorsed by his commander nor approved by the approval authority.
	e.  Orders 101-034, dated 11 April 2002, reassigning him from his unit to another unit in the MIARNG, effective 1 April 2002.

	f.  A character reference letter, dated 23 March 2002, from his unit commander who states that although he had known the applicant for a short period of time, he described him as one of the top enlisted Soldiers in the State of Michigan.

	g.  The front page of an undated and unsigned DA Form 638 that shows another sergeant recommended him for award of the MOVSM for service from
25 October 2004 to 25 July 2005.

	h.  An undated and unsigned DA Form 638 that shows a first sergeant recommended him for award of the MOVSM for service from 15 October 2004 to 13 March 2006.  However, this form is neither endorsed by his commanding officer nor approved by the approval authority.

	i.  Email exchange from the applicant to another individual inquiring about his award of the MOVSM.  The individual states that the award, together with others, was pending.

	j.  A DA Form 638, dated 16 April 2009, that shows a staff sergeant recommended him for award of the MOVSM for service from 15 October 2004 to 13 March 2006.  However, this form is neither endorsed by his commander nor approved by the approval authority.

	k.  Multiple "thank you" letters, volunteer certificates, and additional character reference letters.

13.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  By message, dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is released from active duty.  Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day one once the Soldier is released from active duty.  Any time prior to mobilization is lost and cannot count towards award of the ARCAM.

	c.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are:
* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* 
having served a minimum 9 months continuous service - a break in service is 24 hours or more 
* having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* no Soldier separating from the Service is to be awarded more than one Army Lapel Button

	d.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the RC 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 Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406, or, in the case of the U.S. Coast Guard Reserve, Title 14, U.S. Code, section 712.  The member must have been called to or volunteered for and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13).  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device.  No more than one Armed Forces Reserve Medal may be awarded to any one person.

		(1)  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.

		(2)  The "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13).  When a member qualifies for the "M" Device, the Bronze "M" will be awarded, positioned on the ribbon and medal, and a number will be included on the ribbon and medal.  Multiple periods of service during one designated contingency will count as one “M” Device award.  OEF and OIF are grouped under one contingency operation.

		(3)  The Ten-Year Device (hourglass with Roman numeral "X") is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of RC 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 RC 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 RC personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

	e.  The MOVSM may be awarded to members of the Armed Forces of the United States and their RC who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature.  To qualify for award of the MOVSM a service member's volunteer service must meet the following requirements:

		(1)  be to the civilian community, to include the military family community; 

		(2)  be significant in nature and produce tangible results;

		(3)  reflect favorably on the military service and the Department of Defense; and

		(4)  be of a sustained and direct nature.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was previously awarded the Navy Expert Pistol Medal and the Navy Expert Rifle Medal.  These medals were not listed on his original USN
DD Form 214 for the period ending 12 January 1991.  However, the USN issued him a DD Form 215 on 4 October 2010, after he had retired from the ARNG on
9 June 2009.  Therefore, his DD Form 214 for the period ending 9 June 2009 should be corrected to show these awards.

3.  The applicant's ERB shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 for the period ending 9 June 2009 should be corrected to show these marksmanship badges.

4.  He served a qualifying period of service for the Army Lapel Button.  Therefore, his DD Form 214 should be corrected to show this gratuitous issue item.

5.  With respect to the Armed Forces Reserve Medal, the applicant's DD Form 214 for the period ending 9 June 2009 shows three entries for this award:  the Armed Forces Reserve Medal with "M" Device, the Armed Forces Reserve Medal with 10-Year Device (Bronze), and the Armed Forces Reserve Medal.

	a.  The applicant enlisted in the ARNG on 16 March 1999 and he retired by reason of temporary disability on 9 June 2009.  He served 10 qualifying years of service and the qualifying service was completed within 12 consecutive years without any interruption.  This would have entitled him to award of the Armed Forces Reserve Medal with 10-Year Device (Bronze).

	b.  He was mobilized on active duty on 29 October 2003 and served in support of OEF in Egypt from 7 January 2004 to 21 July 2004.  This would have entitled him to award of the Armed Forces Reserve Medal with "M" Device.

	c.  He was again mobilized on active duty on 25 July 2006 and served in support of OIF in Kuwait/Iraq from 21 October 2006 to 31 May 2007.  This is considered a subsequent mobilization; however, it was in support of the same contingency operation (Global War on Terrorism).  As such, his second mobilization did not entitle him to neither an additional award of the Armed Forces Reserve Medal nor an additional "M" Device.

	d.  It is unclear why his DD Form 214 for the period ending 9 June 2009 shows three awards of the Armed Forces Reserve Medal as there is no evidence he met the criteria for three separate award entries.  However, although it appears that an administrative error was made in the issuance of this DD Form 214 showing multiple awards of the Armed Forces Reserve Medal, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to effect the administrative change to correct this error.  Nevertheless, he does not meet the criteria for any additional awards of the Armed Forces Reserve Medal.

6.  With respect to award of the Army Good Conduct Medal, this medal requires completion of 3 consecutive years of active service, except in those cases when the period for the first award ends with the termination of a period of Federal military service.

	a.  The applicant initially served on active duty (Army) from 29 October 2003 to 10 August 2004, a period of 9 months and 12 days of active service.  This period of service is less than 1 year; therefore, he did not qualify for the Army Good Conduct Medal during this period of service.

	b.  He served again on active duty from 25 July 2006 to 9 June 2009, a period of 2 years, 10 months, and 15 days of active service.  Although he did not complete 3 consecutive years of active service, his active service was terminated by his disability retirement and would have qualified him for the first award of the Army Good Conduct Medal.

	c.  The "Date of Eligibility" entry on the ERB is used as a tool for personnel managers to screen and project those Soldiers who could be recommended for award of the Army Good Conduct Medal.  This date does not establish entitlement.

	b.  It is unclear why his DD Form 214 for the period ending 9 June 2009 shows two awards of the Army Good Conduct Medal as there is no evidence he served a qualifying period of service for both awards.  However, although this entry is incorrect, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to effect the administrative change to correct this error.  Nevertheless, he does not meet the criteria for any additional awards of the Army Good Conduct Medal.

7.  With respect to the MOVSM:

	a.  Although he submitted multiple DA Forms 638 from various individuals who appear to have recommended him for this award, none of these forms was endorsed by his commander nor approved by the approval authority.  More importantly, this award requires commanders to certify the volunteer service was performed on a voluntary basis, not detailed or tasked and that the services performed may not be part of any military mission (for example a unit project), and may not result in any personal gain.  Commanders must certify the service to be to within the civilian community, to include the military family community; be significant in nature and produce tangible results; reflect favorably on the military service and the Department of Defense; and be of a sustained and direct nature.

	b.  Notwithstanding the "thank you" letters and the character reference letters, approval authorities must ensure the service to be honored merits the special recognition as this award is intended to recognize exceptional community support over time and not a single act or achievement.  Therefore, there is an insufficient evidentiary basis to show the applicant met the criteria for this award.

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 his DD Form 214 for the period ending 9 June 2009 the:

* U.S. Navy (USN) Expert Pistol Medal
* U.S. Navy (USN) Expert Rifle Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Army Lapel Button

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:

* a third award of the Army Good Conduct Medal
* a second award of the Armed Forces Reserve Medal
* award of the Military Outstanding Volunteer Service Medal



      ___________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)                                         AR20110020951



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ABCMR Record of Proceedings (cont)                                         AR20110020951



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