IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010327 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010327 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: * deleting from his DD Form 214, dated -18 May 2006, as amended by a DD Form 215, dated 20 January 2015 the Armed Forces Reserve Medal with Bronze Hourglass Device and "M" Device * adding to his DD Form 214 the Armed Forces Reserve Medal with Bronze Hourglass Device and "M" Device and Numeral 3 and a bronze service star to be affixed to his already-awarded Iraq Campaign Medal * adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20041006-20050318” 2. The Board further determined 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 silver hourglass device reflected on his Armed Forces Reserve Component Medal to reflect a second 10-year period * four bronze oak leaf clusters (or fifth award) of the Army Reserve Components Achievement Medal and the Overseas Service Ribbon * personal appearance before the Board _____________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. IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010327 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: * award of a silver hourglass device with his Armed Forces Reserve Component Medal to reflect a second 10-year period * award of three "M" devices with the Armed Forces Reserve Component Medal to signify his three Title 10 orders to active duty * four bronze oak leaf clusters (or fifth award) of the Army Reserve Components Achievement Medal * award of the Overseas Service Ribbon * reconsideration of his earlier request to show his retirement grade as first sergeant (1SG) instead of master sergeant (MSG) * a personal appearance before the Board 2. The applicant states: * his award of the Armed Forces Reserve Component Medal should reflect a second 10-year period of creditable service by retirement points * his first award was the medal itself for Reserve Component (RC) service from 1984 to 1995 which included 1 year of insufficient points in the U.S. Marine Corps Reserve (USMCR) from 1989 to 1990 * he had a total of 10 years of 50 or more retirement points in a 12-year period of both USMCR and Army National Guard (ARNG) service * he is also eligible for the Roman Numeral 3 on the Armed Forces Reserve Component Medal because he was mobilized on three separate occasions * he was awarded four bronze oak leaf clusters or fifth award of the Army Reserve Components Achievement Medal * he completed a full tour of honorable service in Operation Joint Endeavor/Operation Joint Guard from 1996 to 1997 * he satisfactorily held the highest grade of 1SG, performed duties of 1SG for 3 years, and completed a 2-week 1SG course in Germany * the NCARNG would not laterally appoint a MSG to a 1SG position without the Soldier having first completed the 1SG course * he was appointed as a 1SG and he was awarded the special skill qualification (SQI) of "M" because he had completed the course * he previously mailed the DA Form 1059 (Service School Academic Evaluation Report) to the Board to show his attendance * the Board twice denied his request despite having supplied the necessary evidence in support of his appeal 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in: * Docket Number AR20140003528, on 8 October 2014, 1SG grade * Docket Number AR20140005465, on 20 November 2014, awards and decorations * Docket Number AR20140018958, on 25 June 2015, reconsideration of his 1SG grade 2. With respect to the portion of his request concerning his grade: a. Army Regulation 15-185 sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 (one) year of the ABCMR's original decision and it has not previously been reconsidered. b. The applicant submitted an application related to his 1SG grade in February 2014 (AR20140003528). The Board denied his request on 8 October 2014. He requested reconsideration in November 2014 (AR20140018958) and included his DA Form 1059. The Board denied his request on 25 June 2015. c. The applicant current request for reconsideration does not meet the criteria outlined above, and he is ineligible for further reconsideration. This portion of his request will not be considered further in the Record of Proceedings. 3. The applicant's records contain a DD Form 214 that shows he enlisted in USMCR in or around September 1980. He entered active duty for training (ADT) on 8 June 1981 and he was honorably released from ADT on 8 October 1981. He completed 3 months and 29 days of active service. 4. His records also contain a second DD Form 214 that shows he enlisted in the USMC on 25 November 1981 and he was honorably released from active duty and transferred to the USMCR on 24 November 1984. He completed 3 years of active service. 5. He enlisted in the NCARNG on 20 September 1990. He held military occupational specialty (MOS) 95B/31B (Military Police). His ARNG DA Form 2-1 (Personnel Qualification Record) shows he: * served in the USMC (active duty) from 25 November 1981 to 24 November 1984 * served in a Reserve Component (RC) from 25 November 1984 to 19 September 1990 6. He was ordered to active duty on 6 December 1990 in accordance with Title 10, U.S. Code, section 673B in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 10 January 1991 to 24 April 1991. He was honorably released from active duty on 15 May 1991. His DD Form 214 for this period of service shows he was awarded or authorized the * Army Service Ribbon * National Defense Service Medal * Army Lapel Button * Expert Marksmanship Qualification Badge with Rifle Bar * NCO Professional Development Ribbon * Marine Corps Good Conduct Medal 7. He was ordered to active duty on 8 July 1996 in accordance with Title 10, U.S. Code, section 12302 in support of Operation Joint Endeavor. He served in Germany from 16 July 1996 to 3 March 1997 (7 months and 18 days). He was honorably released from active duty on 18 March 1997. His DD Form 214 for this period of service shows he was awarded or authorized the * Army Commendation Medal * Army Achievement Medal * Armed Forces Service Medal * Marine Corps Good Conduct Medal * Army Reserve Components Achievement Medal * National Defense Service Medal * Army Lapel Button * Southwest Asia Service Medal with three bronze service stars * Armed Forces Reserve Medal * Armed Forces Reserve Medal with "M" Device (2nd Award) * NCO Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Marine Corps Reserve Ribbon * Kuwait Liberation Medal (K) * Kuwait Liberation Medal (SA) * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar 7. He was ordered to active duty on 15 August 2004 in accordance with Title 10, U.S. Code, section 12301 in support of Operation Iraqi Freedom. His records contain a certificate that shows he served in Iraq from 6 October 2004 to 18 March 2005. 8. On 28 March 2006, he was considered by a physical evaluation board (PEB) that recommended his placement on the temporary disability retired list (TDRL). He retired on 18 May 2006 and he was placed on the TDRL on 19 May 2006 in his retired grade of MSG/E-8. His DD Form 214 for this period of service shows he was awarded or authorized the * Army Commendation Medal (2nd Award) * Army Achievement Medal (3rd Award) * Army Superior Unit Award * Army Good Conduct Medal * Army Reserve Components Achievement Medal * Marine Corps Reserve Medal * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with three bronze service stars * Iraq Campaign Medal * Global War on Terrorism Service Medal * Humanitarian Service Medal * Armed Forces Reserve Medal * NCO Professional Development Ribbon (3rd Award) * Army Service Ribbon * Army Reserve Component Overseas Training Ribbon * Armed Forces Reserve Medal with "M" Device (3rd Award) * NATO Medal * Kuwait Liberation Medal (K) * Kuwait Liberation Medal (SA) * U.S. Navy Parachutist Insignia 9. On 17 March 2009, following a TDRL PEB, he was removed from the TDRL and was permanently retired by reason of disability. 10. On 20 January 2015, as a result of the Board's decision (AR20140005465, dated 20 November 2014), he was issued a DD Form 215 (Correction to DD Form 214) (dated 18 May 2006) that: * deleted the Armed Forces Reserve Medal and Armed Forces Reserve Medal with “M” Device (3rd Award) * added the Meritorious Service Medal, Armed Forces Reserve Medal with Bronze Hourglass Device and M Device, and the German Army Marksmanship Badge 11. His records contain an OTAGNC Form 672-1-R (Application for Armed Forces Reserve Medal/Ten Year Device) certifying his eligibility for the 10-Year Device, based in enlisted service from 25 November 1984 to 24 November 1994 in the USMCR and NCARNG. An official verified that the applicant had earned a minimum of 50 retirement points for each retirement year. 12. His records contain three memoranda, dated 2 September 2015, authorizing him award of the Army Reserve Components Achievement Medal as follows: * Eligibility date 19970930, 2nd Award * Eligibility date 20000930, 3rd Award * Eligibility date 20030930, 4th Award 13. His records do not contain his ARNG Retirement Points Statement. It contains a DA Form 5016 (Chronological Statement of Retirement Points) that is incomplete and shows zero qualifying years of service. REFERNCES: 1. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the RC of the Armed Forces of the United States, including the USMCR, for a period of 10 years. Such years of service must have been performed within a period of 12 consecutive years. For service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points. Service in a Regular Component of the Armed Forces, is excluded except that service in a RC which is concurrent in whole or in part with service in a Regular Component will be included. Any period during which Reserve service is interrupted by one or more of the following will be excluded in computing, but will not be considered as a break in the period of 12 years: Service in a Regular Component of the Armed Forces; on or after 1 August 1990, the member was called to active duty and served under 10 USC 12301(a), 12302, 12304, 12406; or the member 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 10 USC 101(a)(13). a. The 10-year-device is authorized for wear on the Armed Forces Reserve Medal. A bronze hourglass will be awarded upon completion of the first 10-year-period award. A silver hourglass will be awarded upon completion of the second 10-year-period award. b. The "M" device is authorized for wear by members of the RC who are called to 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 10 USC 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. No more than one Armed Forces Reserve Medal may be awarded to any one person. Multiple periods of service during one designated contingency will count as one "M" device award. Designated contingency operations are outlined in table 6–1. If no "M" device is authorized, the appropriate hourglass will be positioned in the center of the ribbon. If no hourglass is authorized, the "M" device will be positioned in the center of the ribbon, followed by Arabic numerals indicating the number of times the device has been awarded, starting with the second award, no number is worn for the first award. If both the hourglass and the "M" device are awarded, the hourglass will be positioned in first position on the ribbon, the "M" device in the middle position, and the number of times the "M" device has been awarded in the remaining position. c. Table 6-1 lists U.S. military and/or contingency operations. Applicable to the applicant's case are Operations Desert Shield and Desert Storm Persian Gulf, Operations Joint Endeavor and Joint Guard in Bosnia, and Global War on Terrorism Operation Iraqi Freedom. 2. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded to all members of the Active Army, ARNG and U.S. Army Reserve (USAR) in an active Reserve status for successful completion of overseas tours. Credit for an overseas tour in Germany requires completion of 36 months with dependents and 24 months without dependents. 3. Army Regulation 600-8-22 states the Army Reserve Component Achievement Medal is authorized for award to Army personnel in the rank of O–6 and below. The individual must have been a member of an ARNG unit or USAR Troop Program Unit (TPU). Approval authority for award of this award ARNG M–DAY units and USAR TPU Soldiers is the Soldier’s unit commander. Orders are not published for the award of this medal. Approval is announced using an official memorandum. The records custodian will annotate the Soldier’s records and place the memorandum in the Soldier’s Army Military Human Resources Record AMHRR via the Integrated Personnel Electronic Records Management System. a. The Army Good Conduct Medal is applicable to RC enlisted Soldiers ordered to active duty under 10 USC, in support of peacetime and wartime contingency operations. When qualifying periods of TPU service are broken by such mobilization, the periods of service prior to the mobilization will be added to the period following the mobilization for Army Reserve Component Achievement Medal eligibility. The qualifying time served prior to activation and/or mobilization will not be lost and will continue to count toward award of the Army Reserve Component Achievement Medal once personnel are no longer activated and/or mobilized. The period of service used to award the Army Good Conduct Medal cannot be used toward award of the Army Reserve Component Achievement Medal. This change is retroactive to 11 September 2001. b. Effective 28 March 1995 (not retroactive), the award is authorized on completion of 3 years of service with a RC unit. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his or her retirement year. Qualifying service for computation purposes is based only by retirement ending year dates. Second and succeeding awards of the Army Reserve Component Achievement Medal are denoted by oak leaf clusters. 4. Army Regulation 600-8-22 states 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. Approved campaigns are: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) * Iraqi Governance (29 June 2004-15 December 2005) * National Resolution (16 December 2005-9 January 2007) * Iraqi Surge (10 January 2007-31 December 2008) * Iraqi Sovereignty (1 January 2009-31 August 2010) * New Dawn (1 September 2010-31 December 2011) 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. It states in item 18 (Remarks), for an RC Soldier deployed with his unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 6. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. The applicant served in Germany from 6 July 1996 to 3 March 1997, a period of 7 months and 18 days. He was not credited with an overseas tour. Credit for an overseas tour in Germany requires completion of 36 months with dependents and 24 months without dependents. He does not meet the criteria for award of the Overseas Service Ribbon. 3. His records contain three memoranda, dated 2 September 2015, authorizing him award of the Army Reserve Components Achievement Medal as follows: * Eligibility date 19970930, 2nd Award * Eligibility date 20000930, 3rd Award * Eligibility date 20030930, 4th Award a. His fourth award of the Army Reserve Components Achievement Medal was from 20001001 through 20030930. If eligible and qualified, his fifth award would have been from 20031001 through 20060930. During this period, he was on active duty from 15 August 2004 to 1 May 2006, a period of 1 year, 9 months, and 4 days, during which he was also awarded the Army Good Conduct Medal. When subtracting his active service time from his RC time, the resultant period is not 3 years. He does not meet the criteria for a fifth award of the Army Reserve Components Achievement Medal. 4. With respect to the Armed Forces Reserve Medal: a. He was mobilized on three separate occasions throughout his military service: Operations Desert Shield and Desert Storm, Operations Joint Endeavor and Joint Guard, and Global War on Terrorism (OIF). He is eligible for the Armed Forces Reserve Medal with "M" Device and Numeral 3. b. He was also awarded the 10-Year Device, based on qualifying enlisted service from 25 November 1984 to 24 November 1994 in the USMCR and NCARNG. An official verified that the applicant had earned a minimum of 50 retirement points for each retirement year. c. His ARNG retirement points statement is not available for review and thus it is unclear if he completed at least 50 retirement points each year from 25 November 1994 to 24 November 2004. He may submit appropriate source documents, such as the DD Forms 214 and/or other sources of retirement points to the U.S. Army Human Resources Command for correction of his DA Form 5016. If upon correction his form supports a second 10-Year Device, he may reapply to this Board for a correction. 5. His records contain a certificate that shows he served in Iraq from 6 October 2004 to 18 March 2005. He is eligible to list this deployment in item 18 of his DD Form 214. Additionally, based on this period of service, he qualifies for a bronze service star to be affixed to his already-awarded Iraq Campaign Medal to denote his participation in one campaign in Iraq. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010327 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010327 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2