IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018761 


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 records to show -

* his period of foreign service as 1 year, 6 months, and 8 days
* award of the Army Reserve Components Overseas Training Ribbon
* correction of the entry for the Armed Forces Reserve Medal to show it with a silver hourglass
* correction of his Army Reserve Components Achievement Medal to show it as a fifth award
* conversion of his Global War on Terrorism Expeditionary Medal to the Iraq Campaign Medal with two bronze service stars

2.  The applicant states -

* he has 6 months and 8 days more foreign service than reflected on his 17 May 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* he had an assignment for training in Germany in 2005-2006 warranting award of the Army Reserve Components Overseas Training Ribbon
* he has 5 Army Reserve Components Achievement Medals, as each covers a 4-year period of consecutive service it shows he had 20 years 
* his Army Reserve Components Achievement Medal orders show award of this medal as the 5th award, not the 2nd award as shown on his DD Form 214 
* he has 20 years of consecutive service and is entitled to the Armed Forces Reserve Medal with a Silver Hourglass 
3.  The applicant provides copies of -

* two DD Forms 214
* 1 May 2003 award orders for the Army Reserve Components Achievement Medal (5th award)
* a 2005-2006 Officer Evaluation Report (OER)
* a 29 March 2007 Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter) 
* 7 November 2008 award orders for the Army Reserve Components Overseas Training Ribbon
* MILPER Message Number 11-208 showing the campaign periods for the Iraq Campaign Medal and the Afghanistan Campaign Medal

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 enlisted in the Wisconsin Army National Guard (ARNG) on 25 February 1985, transferred to the U.S. Army Reserve (USAR) on 24 February 2000, and served without a break in service until he transferred to the Retired Reserve on 4 April 2007.  

3.  He served on active duty from 9 July 1985 through 24 October 1985.  His 24 October 1985 DD Form 214 lists his awards as -

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

4.  A 13 May 1989 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his ARNG service as 3 months and 4 days this period with 3 years, 11 months, and 15 days of prior Reserve service and no prior active Federal 
Service.  It lists his awards as the Army Service Ribbon, Expert Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar. 

5.  The applicant was commissioned in the Wisconsin ARNG on 25 September 1989.

6.  His 7 May 1991 DD Form 214 lists his awards as - 

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with a Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade (M-206 Grenade Launcher) Bar

7.  The applicant’s chronological statement of retirement points shows he had continuous Reserve Component service from 25 February 1985 until he transferred to the Retired Reserve.

8.  A copy of the applicant's DD Form 214 for the period from 11 August 2000 through 22 March 2001 is not included in his official record.  The copy of this form, provided by the applicant, shows the following - 

* 6 months and 8 days of foreign service
* his awards as the-

* Army Commendation Medal (2nd award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal  
* Armed Forces Reserve Medal with "M" Device 
* Army Service Ribbon
* Kosovo Campaign Medal
* North Atlantic Treaty Organization (NATO) Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rocket Launcher Bar 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

9.  A 17 May 2004 DD Form 214, as reissued on 16 October 2012, provides the following - 

* service this period - 1 year, 2 months, 20 days
* total prior active service - 1 year, 2 months, 24 days
* total prior inactive service - 16 years, 9 months, and 9 days 
* foreign service - 1 year
* lists his awards as the – 

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (3rd Award) 
* Army Achievement Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award) 
* Kosovo Campaign Medal
* Global War On Terrorism Expeditionary Medal
* Global War On Terrorism Service Medal
* Armed Forces Reserve Medal and Mobilization (2nd Award)
* Armed Forces Reserve Medal 
* NATO Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
* Presidential Unit Citation

10.  On 29 March 2007, the applicant was his issued 20-year letter. 

11.  On 7 November 2008, the applicant was awarded the Army Reserve Components Overseas Training Ribbon for the period 4 - 13 October 2005.

12.  The applicant's record contains orders/authorizing documents for the -

* Army Achievement Medal, dated 13 June 1991
* National Defense Service Medal, dated 1 December 1991
* Army Achievement Medal, dated 25 June 1993
* Army Commendation Medal, dated 22 June 1995
* Army Commendation Medal, dated 19 April 1998
* Army Reserve Components Achievement Medal (4th award), dated 1 November 1999
* Army Reserve Components Achievement Medal (5th award), dated 1 May 2003
* Bronze Star Medal, dated 21 May 2004
* Combat Action Badge, dated 14 December 2005

13.  A 23 August 2012 ABCMR memorandum administratively corrected the applicant's records to show - 

* award of the Overseas Service Ribbon for completion of a normal overseas tour in support of Operation Iraqi Freedom on 12 July 2007
* award of the Meritorious Service Medal for the period 1 May 1997 through 31 March 2007 on 31 May 2012

14.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.  A silver Oak Leaf Cluster is worn instead of five bronze Oak Leaf Clusters.

	b.  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.  Orders are not issued.

   c.  A Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the Armed Forces Reserve Medal to document each 10-year period of Reserve Component service.  The first 10-year period is designated by use of a bronze hourglass, the second 10-year period by a silver hourglass, and the third by a gold hourglass.  
   
   d.  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.  Only one "M" device is authorized.
   
	e.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	f.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Based on his periods of service the applicant is shown to have served during the following campaign periods:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

   a.  The total amount of foreign service completed during the period covered in block 12c is to be entered at block 12f.
   
   b.  All awards and decorations for all periods of service are to be listed in priority sequence.  

DISCUSSION AND CONCLUSIONS:

1.  A DD Form 214 is a static document that reflects the Soldier's service as of the end date of that form.  It is not appropriate to make any changes or include any award issued after the date of a specific DD Form 214 unless the period of the award was wholly included in the period covered by that DD Form 214.

2.  A service member's foreign service, as recorded on a DD Form 214, is not a cumulative figure but reflects only that period of foreign service covered by the same time frame as the DD Form 214.  While the applicant did have a total of 1 year, 6 months, and 8 days of foreign service, the periods of service were under two different active duty periods and are properly reflected on the two DD Forms 214 as separate entries.  

3.  The applicant was awarded the Army Achievement Medal on two occasions; however, his 17 May 2004 DD Form 214 lists only one award.  It is appropriate to correct the record to show the award as the Army Achievement Medal (2nd award).

4.  It is appropriate to honor the applicant's request to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, the Global War on Terrorism Expeditionary Medal should be deleted from his records and replaced with the Iraq Campaign Medal with two bronze service stars.

5.  The applicant was awarded the Army Reserve Components Achievement Medal on five occasions; his 17 May 2004 DD Form 214 lists only two awards.  It is appropriate to correct the record to show the correct number of awards of the Army Reserve Components Achievement Medal.  

6.  The applicant's 17 May 2004 incorrectly lists award of both an Armed Forces Reserve Medal and an Armed Forces Reserve Medal and Mobilization (2nd award).  There is no medal called the "Armed Forces Reserve Medal and Mobilization."  For award of the Armed Forces Reserve Medal based on a Reservist's mobilization, the proper designation is the Armed Forces Reserve Medal with "M" Device.  This award is issued only once irrespective of how many times a Reservist is mobilized.

7.  Adding to the confusion, the Armed Forces Reserve Medal is also awarded for longevity as the Armed Forces Reserve Medal with an hourglass device with different colors of the hourglass denoting different multiple ten-year periods.

8.  As of the date of the applicant's last DD Form 214 (17 May 2004) he had not yet completed 20 years of Reserve service to qualify, based on longevity, for the second Armed Forces Reserve Medal (with silver hourglass).  

9.  For the purpose of a proper entry on the 17 May 2004 DD Form 214 the award should be Armed Forces Reserve Medal with bronze hourglass and "M" Device.

10.  However, the applicant qualified for a second Armed Forces Reserve Medal ten-year award on 24 February 2005.  Since no orders are issued for this award, the applicant may use this Record of Proceedings to show he is authorized the Armed Forces Reserve with silver hourglass device.  However, it is not appropriate to include this award on the 17 May 2004 DD Form 214.

11.  The applicant was awarded the Army Reserve Component Overseas Training Ribbon for the period 4-13 October 2005.  This award was made on 7 November 2008.  He was awarded the Meritorious Service Medal for the period 1 April 1997 through 31 March 2007.  This award was made on 31 May 2012.  The inclusion of these awards on the 17 May 2004 DD Form 214 was not proper as the period for these awards did not end until after his release from active duty and the date of the DD Form 214. 

12.  However, it has historically been the practice of this Board not to make any correction to a Soldier's records that could conceivably operate to the applicant's disadvantage.  Therefore, removal of the Army Reserve Component Overseas Training Ribbon and the Meritorious Service Medal from the 17 May 2004 DD Form 214 is not appropriate.

13.  The applicant's marksmanship qualifications were omitted from his 17 May 2004 DD Form 214.  It is appropriate to include the following on his 17 May 2004 DD Form 214 - 

* Expert Marksmanship Qualification Badge with Pistol
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with a Machine Gun Bar 
* Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade) 
* Sharpshooter Marksmanship Qualification Badge with Rocket Launcher Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar       (M-206 Grenade Launcher)

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:
   a.  deleting from the 17 May 2004 DD Form 214 the:

* Army Achievement Medal
* Army Reserve Components Achievement Medal (2nd award)
* Armed Forces Reserve Medal
* Armed Forces Reserve Medal and Mobilization (2nd award)

   b.  adding to the 17 May 2004 DD Form 214 the following:
   
* Army Achievement Medal (2nd award)
* Army Reserve Components Achievement Medal (5th award) 
* Armed Forces Reserve Medal with bronze hourglass and "M" devices
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with a Machine Gun Bar 
* Expert Marksmanship Qualification Badge with Pistol
* Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade) 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-206 Grenade Launcher)
* Sharpshooter Marksmanship Qualification Badge with Rocket Launcher Bar 

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 changing the applicant's foreign service period and adding the Armed Forces Reserve Medal with silver hourglass device (5th award) to the 17 May 2004 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)                                         AR20130018761





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ABCMR Record of Proceedings (cont)                                         AR20130018761



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