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ARMY | BCMR | CY2013 | 20130004238
Original file (20130004238.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130004238 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Meritorious Service Medal (MSM) and verification for his entitlement to the Armed Forces Service Medal (AFSM).

2.  He makes no additional statement.

3.  He provides:

* DD Form 214
* MSM orders and certificate
* Orders 254-937, dated 11 September 2005

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Army National Guard (ARNG) from 17 September 1988 through 31 May 2012 as a military policeman.

2.  His Army Military Human Resource Record (AMHRR) contains:

	a.  A memorandum issued by the 177th Military Police Brigade, Michigan ARNG, dated 25 April 2006, which awarded him the Humanitarian Service Medal for the period 3 September - 5 October 2005; and

	b.  A DA Form 638 (Recommendation for Award), dated 8 March 2012, issued by the same organization, which awarded him the MSM upon his retirement.

3.  His final DD Form 214 for the period 22 October 2007 through 31 May 2012 shows entitlement to:

* Armed Forces Reserve Medal with 20-Year Device 
* Kuwait Liberation Medal (Saudi Arabia)
* Bronze Star Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal (4th Award)
* Army Reserve Achievement Medal (2nd Award)
* National Defense Service Medal (3rd Award)
* Southwest Asia Service Medal with 2 bronze service stars 
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Iraq Campaign Medal with campaign star
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon (2nd Award)
* Military Outstanding Volunteer Service Medal
* Basic Army National Guard Recruiter Badge
* Senior Army National Guard Recruiter Badge
* Kuwait Liberation Medal (Kuwait)
* Combat Action Badge
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Bar
* Career Counselor Badge

4.  Army Regulation 600-8-22 (Military Awards) states the AFSM was established on 11 January 1996.  It is awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

	a.  Participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.

	b.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of operations.  The AFSM provides recognition to participants who deploy to the designated area of eligibility for the qualifying operation.  Outstanding or meritorious performance of non-deployed or remotely located support units and individuals are not justification for award of the AFSM.  Such performance may be recognized by appropriate unit and/or individual decorations

5.  The Office of the Deputy Under Secretary of Defense for Military Personnel Policy (ODUSD/MPP) maintains on its website a list of operations designated by the Chairman, Joint Chiefs of Staff (CJCS) for award of the Humanitarian Service Medal (HSM) and AFSM.  The list shows: 

   a.  Award of the HSM was approved for direct participation in Hurricane Katrina and Hurricane Rita relief efforts from 29 August to 13 October 2005.  
   
   b.  The AFSM was approved for hurricane relief operations during the period 27 August 2005 to 27 February 2006.  Excluded from the AFSM are those Soldiers who meet the criteria for the HSM as outlined in paragraph a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show award of the MSM and verification for his entitlement to the AFSM for Hurricane Katrina.

2.  Permanent orders awarded him the MSM; therefore, this award should be added to his final DD Form 214.

3.  His DD Form 214 and the memorandum from the 177th Military Police Brigade show he was previously awarded the HSM for Hurricane Katrina.  Regulatory guidance prohibits the award of the AFSM to individuals awarded the HSM for the same operation; therefore, he is not authorized award of the AFSM.









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 the MSM to his final DD Form 214.

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 the AFSM.




      _______ _   _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.



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ABCMR Record of Proceedings (cont)                                         AR20130004238



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