BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018575 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 BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018575 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 adding award of the Meritorious Service Medal to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2011. 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 adding award of the Armed Forces Reserve Medal with silver hourglass to his DD Form 214 for the period ending 31 July 2011. ______________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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018575 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2011 to show award of the: * Meritorious Service Medal (MSM) * Armed Forces Reserve Medal (AFRM) with silver hour glass 2. The applicant states: a. He received the MSM as a retirement award and after his release from active duty. U.S. Army Reserve Command issued orders approving the MSM on 4 May 2011. b. His DD Form 214 for the period ending 31 July 2011 does not show award of his MSM. c. He served a total of 20 years, 10 month, and 3 days of combined Regular Army, U.S. Army Reserve (USAR), and Active Guard Reserve status and 3 years, 11 months, and 16 days of USAR Troop Program Unit status for a combined service total of 24 years, 9 months, and 19 days. d. His DD Form 214 for the period ending 31 July 2011 only shows issuance of the AFRM with a bronze hourglass and he should have received the AFRM with silver hour glass. e. He received a memorandum, dated 1 March 2011 and signed by the Commander, Office of the Chief, Army Reserve Region 12, Support Element, that shows award of the AFRM. 3. The applicant provides: * Office of the Chief, Army Reserve Region 12, Support Element, Army Reserve Careers Division memorandum, dated 1 March 2011, subject: Award of the AFRM * DA Form 638 (Recommendation for Award), dated 17 May 2011 * two DD Forms 214 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 Regular Army on 1 July 1986. On 27 December 1993, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). 3. On 5 June 1994, he reenlisted in the USAR for a period of 6 years. 4. U.S. Army Reserve Personnel Command Orders R-02-001104, dated 23 February 1998, show he was ordered to active duty in an Active Guard Reserve status for a period of 3 years with a reporting date listed as 13 April 1998. These orders were later amended and his reporting date was changed to 20 April 1998. 5. On 31 March 1998, he extended his enlistment for a period of 8 months and 20 days. 6. Headquarters, 81st Regional Support Group Orders A-093-30, dated 3 April 1998, assigned him to the USAR Control Group (Reinforcement) effective 24 February 1998. 7. U.S. Army Reserve Personnel Command Orders R-12-007341, dated 8 December 2000, show he was released from active duty for the purpose of immediate reenlistment. He reenlisted for a period of 6 years and he was ordered to active duty in an Active Guard Reserve status on 8 December 2000. 8. On 8 November 2006, he reenlisted in the USAR for an indefinite period in an Active Guard Reserve status. 9. On 15 May 2008, he was issued a 20-Year Letter (Notification of Eligibility for Retired Pay at Age 60). 10. He provided copies of: a. a memorandum from the Commander, Office of the Chief, Army Reserve Region 12, Support Element memorandum, dated 1 March 2011, that shows his award of the AFRM for service from 12 March 1993 to 12 March 2003 and b. his DA Form 638, dated 14 March 2011, that shows he was awarded the MSM by Headquarters, U.S. Army Reserve Command Permanent Order Number 137-004,dated 17 May 2011, for the period 1 July 2002 to 24 January 2011. 11. On 12 December 2010, he submitted a request for voluntary retirement effective 1 August 2011. 12. On 31 July 2010, he was honorably released from active duty and retired on 1 August 2011. His DD Form 214 does not show award of the MSM and shows award of the "AFRM with 10-Year Device-Bronze." REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including the U.S. Coast Guard Reserve and the U.S. Marine Corps Reserve, for a period of 10 years under the following conditions: a. Such years of service must have been performed within a period of 12 consecutive years. Service in a Regular Component of the Armed Forces, including the U.S. Coast Guard, is excluded except that service in a Reserve Component which is concurrent in whole or in part with service in a Regular Component will be included. b. The 10-year-device is authorized for wear on the AFRM to denote each 10-year-period as follows: (1) A bronze hourglass will be awarded upon completion of the first 10-year-period award. (2 A silver hourglass will be awarded upon completion of the second 10-year-period award. c. No more than one AFRM may be awarded to any one person. DISCUSSION: 1. The applicant contends his DD Form 214 for the period ending 31 July 2011 should show award of the Meritorious Service Medal and award of the AFRM with silver hourglass instead of the AFRM with bronze hourglass to denote his over 20 years of service. 2. Permanent orders awarded the applicant the MSM for the period 1 July 2002 to 24 January 2011. This award is not shown on his DD Form 214 for the period ending 31 July 2011. 3. Although the applicant completed over 20 years of combined Regular Army and Reserve Component service, only his service from 1993 until his separation in 2011, a period of less than 20 years, was in a Reserve Component status. His service in the Regular Army is excluded in computing eligibility for award of the AFRM in accordance with the governing regulation. 4. The 10-year-device is authorized for wear on the AFRM to denote each 10-year-period. The AFRM with silver hourglass is awarded to denote a second 10-year period of service. The applicant did not meet the eligibility criteria for award of the AFRM with silver hourglass. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018575 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018575 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2