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ARMY | BCMR | CY2014 | 20140006601
Original file (20140006601.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140006601 


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 award of his second Army Commendation Medal and two Army Reserve Components Achievement Medals.

2.  The applicant states he was awarded a second Army Commendation Medal and an Army Reserve Components Achievement Medal during his last deployment.  He believes that he should have received another Army Reserve Components Achievement Medal for his period of service between 2006-2009.  He believes because his unit was disbanding these awards were overlooked and that the reason he did not receive the second Army Reserve Components Achievement Medal was due to the change in commands and his sudden discharge from service; he was placed on the Retired Reserve list in 27 May 2011.  The first two medals were already awarded just never put into the system.  He feels should be awarded the second Army Reserve Components Achievement Medal since he performed with honor for over 3 years after the previous award.

3.  The applicant provides copies of a 2 June 2006 Army Reserve Components Achievement Medal memorandum, a 25 September 2008 DA Form 638 (Recommendation for Award), and a 25 September 2008 Army Commendation Medal award certificate.



CONSIDERATION OF EVIDENCE:

1.  The applicant, a U.S. Army (USAR) Retired Reserve staff sergeant with prior enlisted service in the U.S. Air Force (USAF)/Air National Guard (ANG) and the U.S. Marine Corps, enlisted in the USAR on 11 April 2003.  His available record contains only a DD Form 214 (Certificate of Release or Discharge from Active Duty) from the USAF/ANG to verify any portion of his prior service. 

2.  His 27 June 2002 USAF/ANG DD Form 214 shows he had been mobilized from 8 months and 29 days (29 September 2001 through 27 June 2002); had 9 years, 4 months, and 13 days of prior active service; and 1 year, 6 months, and 28 days of inactive service in the USAF/ANG.  His awards are listed as the Armed Forces Reserve Medal with "M" Device and the National Defense Service Medal.

3.  The applicant enlisted in the USAR on 11 April 2003 and was mobilized for the period 4 August 2005 through 6 November 2006.  

4.  The applicant's iPERMS record contains orders for only an Army Good Conduct Medal (4 August 2005 to 6 November 2006) and an Army Commendation Medal for the period 4 November 2005 to 3 November 2006.

5.  On 2 June 2006, the applicant was awarded the Army Reserve Components Achievement Medal for the period April 2003 to April 2006.

6.  The DA Form 638, dated 25 September 2008, provided by the applicant, shows previous awards of the AFAM-2 (Air Force Achievement Medal 2nd award), NAM-2 (Navy Achievement Medal 2nd award), and the ARCOM -1 (Army Commendation Medal 1st award).  The recommended and approved award was the "ARCOM -2 OLC" (Army Commendation Medal with two Oak Leaf Clusters).  The award certificate shows the medal awarded as only an Army Commendation Medal.

7.  His 6 November 2006 DD Form 214 lists his awards as the Army Commendation Medal, U.S. Navy Achievement Medal (2nd Award), Air Force Achievement Medal (2nd Award), Joint Meritorious Unit Award, Navy Unit Commendation (2nd Award), Marine Corps Good Conduct Medal (2nd Award), National Defense Service Medal with bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Air Force Longevity Service Award Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device (2nd Award), Air Force Training Ribbon, and the Navy Sea Service Deployment Ribbon.
8.  The applicant received a "Notification of Eligibility for Retired Pay at Age 60," (commonly referred to as the 20-year letter) on 23 September 2010.

9.  On 27 May 2011 was transferred to the Retired Reserve due to being medically disqualified for retention. 

10.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered not eligible for award of the Army Reserve Components Achievement Medal.

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

   a.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or USAR troop program unit or as an individual mobilization augmentee.  Individuals must have completed 3 years of qualifying service for award of the Army Reserve Components Achievement Medal.  Such years of qualifying service must have been consecutive.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Armed Forces Reserve Medal is earned for each of the 10 qualifying years, completed within 12 consecutive years.  

	     (1)  The Ten-Year Device (hourglass) is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass.  

	     (2)  The "M" Device is 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.  

12.  Army Directive 2012-05, dated 21 February 2012, approved changes to Army Regulation 600-8-22 for entitlement to the Army Reserve Components Achievement Medal.  It states when a qualifying period of Troop Program Unit service is broken by mobilization, the period of service prior to the mobilization will be added to the period following mobilization for award eligibility.  Qualifying time for award of the Army Reserve Components Achievement Medal will not be lost and will continue to count toward award of the Army Reserve Components Achievement Medal once personnel are no longer activated/mobilized.  The period of service used to award the Army Good Conduct Medal cannot be used toward of the Army Reserve Components Achievement Medal.  However, periods of active duty that do not meet the eligibility requirement for award of the Army Good Conduct Medal may be used for award of the Army Reserve Components Achievement Medal.  These changes are retroactive to 11 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Army Good Conduct Medal was omitted from his 2006 DD Form 214.  It would be appropriate to correct the records by adding this award to his 2006 DD Form 214.

2.  The applicant was awarded the Armed Forces Reserve Medal with "M" Device for his period of mobilization with the ANG in 2001 - 2002.  His 2006 DD Form 214 shows receipt of a second Armed Forces Reserve Medal with "M" Device in 2006.  Only one Armed Forces Reserve Medal with "M" Device is authorized for the entire period covered by both of his mobilizations.  The entire period from 11 September 2001 through a date to be determined is considered to be a single contingency.  Therefore, it would be appropriate to delete the Armed Forces Reserve Medal with "M" Device (2nd award) entry from his DD Form 214.

3.  The applicant served in the Air National Guard for a period of 2 years, 3 months, 17 days prior to his entering the USAR on 11 April 2003.  Combining his earlier Reserve service with his USAR service until he was retired, shows the applicant has served in the Reserves for over 10 years.  Based on this period of service, he is entitled to award of the Armed Forces Reserve Medal with a bronze hourglass.

4.  Based on the information provided on the DA Form 638, the applicant was awarded an Army Commendation Medal prior to his 2005 mobilization.  

5.  The DA Form 638 shows he was recommended for and awarded an Army Commendation Medal for his service during the 2005-2006 mobilization period.  The form shows a prior award of an Army Commendation Medal; however, the form incorrectly identifies the approved award as the "ACM 2OLC" (Army Commendation Medal with two Oak Leaf Clusters).  The designation of a second oak leaf cluster would indicate a total of three awards, not two.  

6.  His 2006 DD Form 214 does not show of award of a second Army Commendation Medal and the DA Form 638 is in error as to the proper designation of the number of Army Commendation Medals awarded.  It would be appropriate to correct the record by showing, on his DD Form 214, award the Army Commendation Medal with one Oak Leaf Cluster.

7.  The record contains authorization or orders for the Army Good Conduct Medal (for the period 4 August 2005 to 6 November 2006) and the Army Reserve Components Achievement Medal (for the period April 2003 to April 2006), which are overlapping award periods.  

8.  Regulations state that the period for which a Soldier receives an Army Good Conduct Medal cannot be used in the calculations for award of the Army Reserve Components Achievement Medal.  His periods of eligibility for the Army Reserve Components Achievement Medal would be –

* for first award - 11 April 2003 to 3 August 2005 and 7 November 2006 to 15 July 2007
* for a second award – 16 July 2007 to 15 July 2010

9.  The applicant's 2006 DD Form 214 does not include award of the Army Reserve Components Achievement Medal.

10.  It would be appropriate to award the applicant the Army Reserve Components Achievement Medal for the above noted periods and correct his DD Form 214 to show award of the Army Reserve Components Achievement Medal (2nd award).

11.  While the applicant is eligible for a two Army Reserve Components Achievement Medals, neither of the eligibility periods ended prior to the issuance of his 2006 DD Form 214.  Therefore, it is not appropriate to include these awards on the 2006 DD Form 214.  

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.  voiding the orders awarding the Army Reserve Components Achievement Medal for the period April 2003 to April 2006;
   
   b.  deleting from the 2006 DD Form 214 the Army Commendation Medal and the Armed Forces Reserve Medal with "M" Device (2nd award);
   
   c.  awarding the applicant the Army Reserve Components Achievement Medal for the periods 11 April 2003 to 3 August 2005 and 7 November 2006 to 15 July 2007 and a second award for the period 16 July 2007 to 15 July 2010; 
   
   d.  awarding the applicant the Armed Forces Reserve Medal with "M" Device and bronze hourglass, and
   
   e.  showing that, in addition to the awards shown on the 2006 DD Form 214, his awards also include the Army Commendation Medal with one Oak Leaf Cluster, Good Conduct Medal, and the Armed Forces Reserve Medal with "M" Device and bronze hourglass.

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 Army Reserve Components Achievement Medal (2nd Award) to his 2006 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)                                         AR20140006601



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ABCMR Record of Proceedings (cont)                                         AR20140006601



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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