RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060015368


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, award of an Additional Skill Identifier (ASI)
"S" or "3".

2.  The applicant states, in effect, he should have been granted an ASI by
his original favorable ruling from the Army Board for Correction of
Military Records (ABCMR) on 4 February 1986.  As a result of the ruling, he
received his Army commission and the 18A Special Forces officer branch
specialty but not the ASI "S" or "3" that goes with the specialty.  The
ruling by the ABCMR finally secured for him an Army commission as a
federally recognized second lieutenant in the 20th Special Forces of the
Alabama Army National Guard (ALARNG) effective as of 6 June 1980.  He was
also granted a federally recognized retroactive promotion to first
lieutenant effective 24 September 1983.

3.  The applicant further states that his branch specialties that he
received for past services in Special Forces were as a Special Forces
officer and infantry officer.  Recently, the Army Times ran a cover story
about the desperate need for thousands of Soldiers to serve at all levels
of Special Operations for the war effort.  So he volunteered to go back
into the Special Operations Command in any useful capacity.  According to
the Special Forces authorities, he should have received an ASI "S" or "3"
along with his Special Forces officer branch specialty that he received in
1986.  According to the Special Forces Command, he is not a Special Forces
qualified officer without this ASI.

4.  The applicant provides copies of his 1986 ABCMR Proceedings, his ALARNG
appointment orders, his NGB Form 22 (Report of Separation and Record of
Service), his NGB Forms 22A (Correction to NGB Form 22), his active duty
orders, a newspaper article from the Army Times, and excerpts of Army
Regulation 600-8-22, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 4 February 1986, the approval date of his application to the
ABCMR.  The application submitted in this case is dated 19 October 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  The applicant's military records show he was issued a NGB Form 22
showing his separation from the ALARNG, in pay grade E-4, effective 22
August 1983.

4.  Documentation submitted by the applicant shows that on an unknown date
the applicant filed an application with the ABCMR requesting commissioning
in the United States Army Reserve/ARNG effective 6 June 1980, the day he
completed the 4-year Reserve Officer Training Corps Program and met all
other requirements for commissioning while a Simultaneous Membership
Program (SMP) participant.  He stated on his application that he was
improperly denied a letter of acceptance for assignment as an officer in
the ARNG unit to which he was assigned while a member of the SMP.  As a
result of not receiving the letter of acceptance, he did not meet all of
the prerequisites of the Early Commissioning Program (ECP).

5.  On 4 February 1986, the ABCMR recommended the applicant's records be
corrected to show he was appointed in the ARNG and USAR, as a second
lieutenant, on 6 June 1980 and that his participation as a member of the
ARNG on and after 6 June 1980 was as a second lieutenant.

6.  The National Guard Bureau (NGB) issued Special Orders Number 113 AR,
dated 12 June 1986, extending the applicant Federal Recognition and
appointment in the ALARNG, as a second lieutenant, with an effective date
of 6 June 1980.  The orders also promoted him to first lieutenant with an
effective date of 5 June 1983.  These orders show he was assigned to a
Special Forces unit as an infantry officer.

7.  The NGB issued Special Orders Number 113 AR, dated 12 June 1986,
withdrawing his Federal Recognition as a first lieutenant due to his
transfer to the USAR with an effective date of 24 September 1983.

8.  The applicant was issued a NGB Form 22A, dated 19 August 1986,
correcting, among other items, Item 8b (Effective Date) of his NGB Form 22,
with an effective date of separation of 22 August 1983, to read "24
September 1983" and Item 9 (Command to Which Transferred) to read " USAR
Control Group (Reinforcement)."

9.  The applicant was issued a NGB Form 22A, dated 4 January 1996,
correcting Item 13 (Primary Specialty Number, Title and Date Awarded) to
read "11A Infantry Officer 8402 and 18A Special Forces Officer."

10.  In an Army Times article, dated 1 May 2001, it was reported, in
effect, that the Army was scrambling to build five Special Forces
battalions and three Ranger companies for the war effort.
11.  The applicant was reassigned from the USAR Control Group and appointed
in the Georgia ARNG (GAARNG), as a captain, effective 27 September 2000.

12.  The applicant was promoted to major on 18 February 2004.

13.  The applicant was ordered to active duty as an infantry officer on
1 June 2004, in support of Operation Enduring Freedom.  He was released
from active duty on 31 May 2005 and transferred to a USAR unit.

14.  The applicant was reassigned to the USAR Control Group (Reinforcement)
on 19 June 2005.

15.  The applicant submits excerpts of Army Regulation 600-8-22 (Military
Awards), paragraph 8-47 (Special Forces Tab) which specifies the
relationship between Reserve component personnel being awarded special
qualification identifiers and their eligibility for award of the Special
Forces Tab.  There are no provisions in this regulation for awarding of an
ASI "S" or "3".

16.  Department of the Army Pamphlet 600-3, Chapter 18 (Special
Operations), section 18-1, specifies that special operations include all
positions concerned with the employment of highly specialized Army units
and elements to accomplish specific missions in times of peace or war.  The
general requirements of the branch/functional area include:  an officer
must be competitive for promotion to major, be fully qualified as an
captain in an entry specialty, have attended basic officer and advanced
officers courses, have led/commanded Soldiers at company/battery/troop
level or have commensurate experience in other entry specialties, and
volunteer for and complete the Special Operations training as required by
the designated specialty.  Special Forces officers go through an extensive
and demanding training to include the Special Forces Qualification Course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that despite finally securing his Army
commission as a Federally recognized second lieutenant in the Special
Forces Branch effective 6 June 1980 he did not receive the ASI "S" or "3."
However, the applicant's original request did not reference award of the
ASI "S" or "3."  It was recommended the applicant be appointed in the ARNG
and USAR, as a second lieutenant, on 6 June 1980.  The appropriately orders
were issued based on this directive.  The applicant did not meet the
general requirements of a special operations/special forces officer at the
time of his commissioning in June 1980.  His records show he served as an
infantry officer in a Special Forces unit during his military service.
2.  The evidence does not show and the applicant has not shown that he
completed the Special Forces Qualification Course and that not being
awarded the ASI "S" or "3" at the time of his correction in 1986 has
prevented his participation by serving in the current war effort in a
Special Operations Command.  The ABCMR is not an investigative agency and
the Board acts on cases based on the evidence presented by applicants.  The
applicant's current request was received over 20 years after the date of
his favorable ruling and is absent compelling justification of an error or
injustice.  There are no provisions for the correction his records at this
late date to award him an ASI "S" or "3," without evidence he completed the
Special Forces Qualification Course at or prior to the date he received his
commission.

3.  It is noted that the applicant's NGB Form 22, dated 19 August 1986, was
corrected in January 1996 to show he served as an infantry officer and
Special Forces officer.  Therefore, the applicant may meet the requirements
to serve on the staff of Special Forces units in the current war effort.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 February 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 February 1989.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__A_____  __JLP___  ___SWF_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____James E. Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015368                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]