IN THE CASE OF: BOARD DATE: 5 June 2018 DOCKET NUMBER: AR20160007152 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 5 June 2018 DOCKET NUMBER: AR20160007152 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 9 December 2011, to show she was awarded or authorized the Army Commendation Medal (ARCOM) (5th Award) and the Armed Forces Reserve Medal (AFRM) (3rd Award). 2. The applicant states she was awarded the ARCOM for her deployment in 2011. There is an error on her DD Form 214, which should show the ARCOM (5th Award) and the AFRM (3rd Award) instead of the AFRM (2nd Award). 3. The applicant provides: * DA Form 638 (Recommendation for Award), dated 5 April 2000, announcing the award of the ARCOM * DA Form 4980-14 (ARCOM Certificate), undated * DA Form 4980-14, dated 9 August 2003 * DA Form 4980-14, dated 26 August 2003 * DD Form 214 for the period ending 23 September 2003 * DA Form 4980-14, dated 2 August 2007 * DA Form 67-9 (Officer Evaluation Report (OER)) covering 4 May 2007 through 15 August 2007 * DD Form 214 for the period ending 3 September 2007 * DA Form 67-9 covering 20 August 2011 through 20 November 2011 * DD Form 214 for the period ending 9 December 2011 * DA Form 2-1 (Personnel Qualification Record – Part II) 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 was appointed as a Reserve commissioned officer of the Army on 28 August 1992. 3. Item 9 (Awards, decorations and Campaigns) on the applicant's DA Form 2-1 shows the entry "ARCOM," which indicates her first ARCOM. Item 33 (Date) shows she last reviewed the DA Form 2-1 on 14 September 2002. 4. The applicant received Contingency Operation – Active Duty Operational Support (CO-ADOS) orders and entered a period of active duty on 31 March 2003. These CO-ADOS orders are not available for review. 5. A DA Form 4980-14, issued by Task Force 44th Medical on 9 August 2003 and annotated as Permanent Orders Number 221-11, awarded the applicant the ARCOM for exceptionally meritorious service from 27 February 2003 to 30 May 2003. 6. A DA Form 4980-14, issued by Task Force 44th Medical on 26 August 2003 and annotated as Permanent Orders Number 238-04, awarded the applicant the ARCOM for meritorious service from 1 June 2003 to 31 August 2003. 7. A DD Form 214 for the period ending 23 September 2003 shows the applicant was released from active duty and was transferred to the 452nd Medical Hospital. Her DD Form 214 shows she served in Southwest Asia from 2 June 2003 through 30 August 2003, and she was awarded the ARCOM (3rd Award) and the AFRM with "M" Device. She authenticated the form. 8. The applicant entered a period of active duty on 5 May 2007, under the authority of Title 10, U.S. Code, section 12302, after receiving CO-ADOS orders in support of Operation Iraqi Freedom (OIF). 9. A DA Form 4980-14, issued by Medical Task Force 28 on 2 August 2007 and annotated as Permanent Orders Number 214-02, awarded the applicant the ARCOM for meritorious service from 15 May 2007 to 15 August 2007. 10. A DD Form 214 for the period ending 3 September 2007 shows the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Individual Mobilization Augmentee (IMA)). Her DD Form 214 shows she was awarded the ARCOM (4th Award) and the AFRM with "M" Device (2nd Award). She authenticated the form. 11. The applicant entered a period of active duty on 12 August 2011, under the authority of Title 10, U.S. Code, section 12302, in support of Operation Enduring Freedom (OEF). A DD Form 214 for the period ending 9 December 2011 shows the applicant was released from active duty and transferred to the USAR Control Group (IMA). Her DD Form 214 shows she was awarded or authorized the ARCOM (4th Award) and the AFRM with "M" Device (2nd Award). She authenticated the form. 12. A DA Form 5016 (Chronological Statement of Retirement Points) shows the applicant achieved 10 qualifying years toward non-regular retirement for the period 28 August 1992 to 27 August 2002. She achieved a second period of 10 qualifying years toward non-regular retirement for the period 28 August 2002 through 27 August 2012. 13. Orders C-07-310553, issued by U.S. Army Human Resources Command (HRC) on 25 July 2013, reassigned the applicant to the Retired Reserve effective 25 July 2013. 14. The applicant's record is void of permanent order or other evidence that shows she was awarded the ARCOM (5th Award) nor documentation that shows she was authorized the AFRM (3rd Award). 15. The applicant provides: a. A DA Form 638 that shows the applicant was recommended for an ARCOM for achievement from 15 January 2000 to 30 January 2000. The form is signed by the award approval authority; however, the approval authority did not indicate his decision. Part D (Orders Data) shows Permanent Order Number 95-10, dated 5 April 2000 awarded her the ARCOM; however, the orders approval authority did not authenticate the form. b. An ARCOM Certificate, annotated as Permanent Order Number 95-10 as issued by the 323rd Combat Support Hospital, which awarded her the ARCOM for excellence. The permanent order number correspond with the DA Form 638 she provided. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. (1) 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. Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service. (2) Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code. 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. . (3) 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 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. (4) Orders are not published to announce award of the AFRM. A memorandum to the Soldier is appropriate authorization for the award. (5) No more than one AFRM may be awarded to any one person. Multiple periods of service during one designated contingency will count as one "M" device award. Table 6-1 lists the designated contingency operations: * Desert Shield and Desert Storm * Restore Hope * Uphold Democracy * Joint Endeavor, Joint Guard, and Joint Forge * Desert Fox, Northern Watch, and Southern Watch * Allied Force; and * The Global War on Terrorism b. Recommended decorations, including the ARCOM, will be expeditiously processed, and recorded in military orders and certificates within 60 days of the final approving authority’s decision. 2. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant requests correction of her DD Form 214, for the period ending 9 December 2011, to show she was awarded or authorized the ARCOM (5th Award) and the AFRM (3rd Award). 2. The applicant was appointed a Reserve commissioned officer on 28 August 1992. Her DD Form 214 for the period ending 9 December 2011 shows she was awarded or authorized the AFRM with "M" Device (2nd Award). She contends her DD Form 214 should show she was awarded or authorized the AFRM (3rd Award). 3. The governing regulation provides 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. No more than one AFRM may be awarded to any one person. Therefore, the applicant is authorized one AFRM, a 2nd award is not applicable. In addition, the first 10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass. The applicant's DD Form 214 shows she was released from active duty and transferred to USAR Control Group (IMA) on 9 December 2011. At that time, she did not qualify for two 10- year periods of USAR service. Therefore, the applicant's DD Form 214 should have reflected the AFRM with Bronze Hourglass. 4. Multiple periods of service during one designated contingency will count as one "M" device award. Although the applicant deployed to OIF and OEF on different occasions, these deployments were under the same contingency (The Global War on Terrorism). Therefore, she is authorized one "M" device. However, her DD Form 214 does not list the AFRM with Bronze Hourglass and "M" Device. 5. The applicant's record is void of memoranda that shows she was awarded or authorized the AFRM. She was reassigned to the Retired Reserve on 25 July 2013. She reached her second 10-year period of Reserve Component service on 27 August 2012. She is now authorized the AFRM with a Silver Hourglass and "M" Device. The Board may correct her record to show this decoration. 6. The applicant provided DA Forms 4980-14 that show she was awarded the ARCOM on or about 5 April 2000; 9 August 2003; 26 August 2003; and 2 August 2007. 7. The applicant's DD Form 214 for the period ending 9 December 2011 shows she was awarded or authorized the ARCOM (4th Award). She contends that she was awarded an ARCOM when she deployed in 2011. The applicant's record is void of evidence that shows she was awarded or authorized an ARCOM relating to her 2011 deployment. 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: a. deleting from her DD Form 214 for the period ending 9 December 2011 the Armed Forces Reserve Medal (AFRM) with "M" Device (2nd Award); b. adding to her DD Form 214 for the period ending 9 December 2011 the AFRM with Bronze Hourglass and "M" Device; and c. providing her a memorandum authorizing her the AFRM with Silver Hourglass and "M" Device effective 27 August 2012. 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 correcting her DD Form 214 for the period ending 9 December 2011 to show she was awarded or authorized the Army Commendation Medal (5th Award) and the AFRM (3rd Award). 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007152 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007152 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2