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ARMY | BCMR | CY2013 | 20130012621
Original file (20130012621.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130012621 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 2010 by removing the Overseas Service Ribbon (OSR) and 3rd award of the Armed Forces Reserve Medal (AFRM) with "M" Device.

2.  The applicant states she is not authorized the OSR and the AFRM with "M" Device (3rd Award) may only be awarded once.

3.  The applicant provides a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 10 May 1979.

2.  On 31 August 1992, she was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant.

3.  Her record contains a DD Form 214 for the period 11 December 2009 through 10 December 2010, which shows she was ordered to active duty in support of Operation Enduring Freedom.  Among the many awards and decorations she received were the Army Reserve Components Overseas Training Ribbon (ARCOTR), OSR, and AFRM with "M" Device (3rd Award).  This form also shows she performed 1 year of active service during this period with 2 years, 2 months, and 23 days of total prior active service.  She had also completed 28 years,                3 months, and 28 days of total prior inactive service.  
4.  Her record contains a DA Form 2-1 (Personnel Qualification Record), dated   8 January 2013, and a DA Form 4037-E (Officer Record Brief), dated 28 June 2013.  The only reference to overseas service is for time spent in Colombia, as a translator for a period of either two weeks or one month in July 2009. 

5.  Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours.  

6.  Army Regulation 600-8-22 states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  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.  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. 

7.  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 the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  

8.  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.

9.  Army Regulation 600-8-22 states 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.  The "M" Device may only be awarded to individuals who have qualified for award of the AFRM.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains insufficient evidence to show she was ever credited with completing an overseas tour.  Evidence shows she spent either two weeks or up to one month in Colombia as a translator in July 2009.  It is presumed she was awarded the ARCOTR for this action.  Therefore, the applicant's request to remove the OSR from her DD Form 214 has merit.

2.  However, with regard to removing the AFRM with "M" Device (3rd Award), evidence shows the applicant has over 30 years of qualifying service and she had been ordered to active duty in support of Operation Enduring Freedom.  Therefore, she is entitled to the AFRM with "M" Device.  Although admittedly somewhat confusing, the (3rd Award) simply denotes each 10-year period of Reserve Component service.

3.  In view of the foregoing, she is entitled to partial relief.

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 removing the OSR from her DD Form 214 for the period ending 10 December 2010.

2.  The Board further determined that the evidence presented was 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 removing the AFRM with "M" Device (3rd Award) from her DD Form 214.  




      _______ _  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)                                         AR20130012621





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ABCMR Record of Proceedings (cont)                                         AR20130012621



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