RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070010452 


	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.






	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, in effect, reconsideration of his earlier petition requesting that his Army Achievement Medal (AAM) be upgraded to an Army Commendation Medal (ARCOM); and that his Army National Guard (ARNG) separation document (NGB Form 22) be corrected by adding all awards, badges, schools, and deployments.  

2.  The applicant states, in effect, that his actions of 18 May 1986 supported award of the ARCOM, and he is asking reconsideration of his earlier petition to this Board requesting this upgrade.  He claims he was unaware his case could be reopened with a recommendation from a Member of Congress.  

3.  The applicant also states, in effect, that his NGB Form 22 does not include all awards, badges, schools, and deployments.  He claims the following awards and badges were erroneously omitted from his NGB Form 22:  Army Service Ribbon (ASR); Noncommissioned Officer Professional Development Ribbon (NCOPDR), based on completion of the Primary Leadership Development Course (PLDC); AAM; Humanitarian Service Ribbon (HSR); Army Reserve Components Achievement Medal (ARCAM); Parachutist Badge; Israel Jump Wings; Federal Republic of Germany (FRG) Jump Wings; and United States Marine Corps (USMC) Expert Marksmanship Qualification Badge.  He further claims that the Special Forces Reserve Qualification Course was also erroneously omitted from his NGB Form 22. 

4.  In support of his application, the applicant provides a Congressional Inquiry with a Self-Authored Statement, and the following 10 Annexes with supporting documents:  Annex 1 - ASR; Annex 2 - PLDC Ribbon; Annex 3 - AAM; 
Annex 4 - HSM; Annex 5 - ARCAM; Annex 6 - Parachutist Badge; Annex 7 - Israel Jump Wings; Annex 8 - FRG Jump Wings; Annex 9 - USMC Expert Rifle Qualification; and Annex 10 - Special Forces Qualification Course.  

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 AC96-06901, on 
17 July 1996.  

2.  During its original review of the case, after reviewing the facts and circumstances surrounding the incident that led to his receiving the AAM for his 
actions in assisting victims of an automobile accident on 18 May 1986, the Board agreed with The Adjutant General of the Texas (TX) Army National Guard (ARNG) that the AAM was an appropriate award for his achievement. 

3.  The applicant provides a Congressional Inquiry with a self-authored statement, in which he again outlines his actions during the 18 May 1986 incident.  He also includes the original award recommendation and police report.  This information/argument was presented to and considered by the Board in some form during its original review of the case.  

4.  The applicant's record shows that on 20 May 1986, an officer candidate from the TXARNG recommended to The Adjutant General of the TXARNG that the applicant be commended for his professional actions on 18 May 1986.  

5.  On 6 September 1986, a Recommendation for Award (DA Form 638) was submitted recommending the applicant for the AAM for his meritorious achievement while rendering aid to victims of an automobile accident on 18 May 1986.  The Adjutant General of the TXARNG approved this award, and the award was authorized and announced in Headquarters, 111th Support Group, TXARNG Orders 11-1, dated 29 September 1986.  

6.  In October 1986, the applicant transferred to the Alabama (AL) ARNG, and on 15 April 1987, the applicant's commander in the ALARNG requested that consideration be given to upgrading the AAM awarded to the applicant for his 
18 May 1986 actions to a higher award.  

7.  On 19 January 1988, The Adjutant General of the TXARNG advised the applicant that he had reviewed his actions of 18 May 1986, and determined the AAM was an appropriate award.  

8.  In 1989, the applicant requested that the Commanding General of the Army Reserve Personnel Center (ARPERSCEN), now know as the United States Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis), review and upgrade this award.  An ARPERSCEN official informed the applicant that because he was a member of the TXARNG at the time, the authority for any actions related to the award rested with The Adjutant General of the TXARNG.  The applicant was later advised that he had the right to appeal to this Board and as indicated earlier in this Record of Proceedings, the Board, after considering the applicant's request and all relevant evidence, concluded the AAM was an appropriate award for his actions of 18 May 1986.

9.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that he served in the USMC Reserve (USMCR) from 28 July 1977 through 6 June 1978, and on active duty in the USMC from 7 June 1978 through 2 January 1979.  It also shows he served in the ARNG from 29 March 1984 through 28 October 1987, at which time he was honorably discharged and transferred to the United States Army Reserve (USAR) Control Group-Individual Ready Reserve (IRR).  

10.  The applicant's DA Form 2-1, which he last reviewed on 20 June 1987, lists no foreign service, and his Military Personnel Records Jacket (MPRJ) is void of any orders or other documents showing any overseas deployments.  His MPRJ does contain orders and other documents that confirm he was ordered to active duty for training (ADT) in Montana for the period 1 to 15 August 1987, and that he received the HSM as a result.   

11.  Item 12 (Military Education) of the NGB Form 22 issued to the applicant on 28 October 1987, shows he completed a 5-week Rifleman Course, 3-week Basic Airborne Course, 3-week Pathfinder Course, and a 2-week PLDC.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Pathfinder Badge 
during the period of service covered by the separation document (29 March 1984 - 11 February 1987).  

12.  The applicant's Official Military Personnel File (OMPF) does not contain a Chronological Record of Retirement Points documenting his qualifying years of Reserve Component service.  It is also void of any approval for foreign awards or badges.  

13.  The applicant provides a DA Form 638, dated 6 September 1986, which shows his previous awards of the ASR and Pathfinder's Badge.  He also provides an Academic Evaluation Report (DA Form 1059), which shows he successfully completed the PLDC on 20 December 1986.  In addition, he provides an Authorization for Issuance of Awards (DA Form 1577), dated 29 March 1990, which shows he was issued the HSM.  He further provides a certificate confirming his completion of the Airborne Course on 27 September 1985.

14.  The applicant also provides an Israel Defense Force Memorandum, dated 
17 May 1988, which includes a roster with his name, which shows the individuals listed on the roster were awarded the Israel Parachute Wings.  He also provides a photograph certificate and military parachute license issued by the FRG on 
9 June 1988, which appears to show he was awarded the FRG Parachute Wings-Bronze on that date.  He was subsequently awarded the FRG Parachute Wings-Silver on 27 August 1993.  


15.  The applicant provides a separation document (DD Form 214) he was issued upon his separation from active duty in the USMC on 3 January 1979.  This document shows he received the Rifle Expert Badge during this period of active duty service in the USMC.  He also provides a Certificate of Training for Phase 3A of the Reserve Component (RC) Enlisted Special Forces Qualification Course, which shows he completed this course on 19 March 1987.  

16.  Finally, the applicant provides leave and earnings statements (LES) he received between March 1984 and August 1987, which he indicates show he completed 256 days of active duty service, 60 days of annual training, and 
196 days of active duty training days. 

17.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4, Section III contains guidance on award of the ARCAM.  It states, in pertinent part, that in order to support award of the ARCAM for periods between 3 March 1972 and 28 March 1995, there must be evidence confirming the member completed 4 years of qualifying service on or after 3 March 1972, and before 28 March 1995.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.  Qualifying service for computation purposes is based only by retirement ending year dates.  

18.  Paragraph 5-5 of the awards regulation contains guidance on award of the ASR.  It states, in pertinent part, that all members of the Active Army, ARNG, and USAR members in an active status are eligible for the award.  It also indicates that retroactive award is authorized for any member who was in an active Army status, as defined above, as of 1 August 1981.  

19.  Paragraph 5-6 of the awards regulation provides guidance on award of the NCOPDR.  It states, in pertinent part, that it is awarded to members of the active Army, ARNG, and USAR for successful completion of designated NCO professional development courses.  The Primary level NCO course consists of the Primary NCO Course, Combat Arms (PNCOC), Primary Leadership Course (PLC), Primary Technical Courses (Service School — PTC), and Warrior Leader Course (WLC) (formally called Primary Leadership Development Course (PLDC)), which authorizes the award of the basic ribbon. 

20.  Paragraph 9-26 contains guidance on the authorization for foreign badges.  It states, in pertinent part, that foreign badges not specifically identified in Appendix D of the regulation must be approved for wear and addition to personnel records.  Appendix D specifies that the German Parachutist Badge is 
honorary only, unless otherwise specified, and is not authorized for wear on the uniform or entry into the records.  Israel Jump Wings are not included in Appendix D.  

21.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG enlisted Soldiers.  Chapter 8, Section IV, contains guidance on the preparation and issue of NGB Form 22.  Table 8-2 contains item-by-item preparation instructions for the separation document.  The instructions for Item 12 (Military Education) state to enter all courses of 40 hours/5 days or more in duration recorded in Item 17 of the DA Form 2-1.  

22.  The version of the regulation, in effect at the time of the applicant's discharge from the ARNG, provided for entering only awards earned during the period covered by the NGB Form 22.  The current version of the regulation provides for entering all Federal and State Awards in Item 15.  There are no provisions for entering periods of deployment on the NGB Form 22.  Active duty deployments would be items of entry onto the active duty separation document (DD Form 214) issued for the period of the specific deployment. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier request that the AAM he was awarded for his actions on 18 May 1986 be upgraded was carefully considered.  However, the evidence of record confirms the applicant's actions of 18 May 1986 were properly evaluated by the award approval authority 
(TAG, TXARG), who determined the AAM was the appropriate award for his achievement.  

2.  The evidence of record further shows the TAG, TXARNG also properly evaluated and considered a reconsideration request from the applicant, submitted through is ALARNG chain of command, and again concluded the AAM was the appropriate award.

3.  Finally, after carefully considering the applicant's original application and all the independent evidence he submitted, which he has now resubmitted with this reconsideration request, this Board concurred with the decision of the TAG, TXARNG, that the AAM was an appropriate award for the applicant's actions on 18 May 1986.  Absent any new and compelling evidence that the original decision of the award approval authority, or the original decision of this Board were in error or unjust, it would not be appropriate or serve the interest of justice and equity to amend the original Board decision in this case.  

4.  The applicant's claim of entitlement to the ARCAM, Israel Jump Wings, and FRG Jump Wings was also carefully considered.  However, the applicant's record is void of a Chronological Record of Retirement Points and his accrual of 
50 retirement points during 4 years of his Reserve Component service cannot be verified.  Further, his record is void of any indication that he received authorization from the proper authority to either wear or add the foreign badges in question to his record.  Therefore, absent any evidence confirming his attainment of 50 retirement points for 4 years of RC service, or that either the Israel Jump Wings and/or the FRG Jump Wings were approved for wear and addition to his records, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

5.  In addition, the applicant's contention that the RC Enlisted Special Forces Qualification Course should be added to Item 12 of his NGB Form 22 was also carefully considered.  However, although the applicant provides a certificate confirming he completed Phase 3 of the course, there is no information regarding the nature or duration of the course, and it is not included on the applicant's DA Form 2-1, as is required by regulation.  As a result, there is an insufficient evidentiary basis to support adding it to the NGB Form 22 at this time.  

6.  The evidence of record does confirm the applicant received the USMC Rifle Expert Badge, while serving in the USMC.  It also confirms he was serving in an active RC status as of 1 August 1981, and therefore is entitled to the ASR.  It further shows he was awarded the HSR for his service in Montana in 1987, and that he completed the PLDC in 1986, which entitles him to the NCOPDR.  In addition, his record shows he completed the Basic Airborne Course in 1985, which entitles him to the Parachutist Badge.  Therefore, it would also be appropriate to add these awards to Item 15 of his NGB Form 22.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x __  __x__  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice related to the award of the Army Achievement Medal he received for his actions of 18 May 1986.  Therefore, the Board determined that 
the overall merits of this matter are insufficient as a basis to amend the decision of the ABCMR related to this matter set forth in Docket Number AC96-06901, dated 17 July 1996.  

2.  The Board determined that the evidence presented regarding the new issues raised in this case 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 amending his 28 October 1987 NGB Form 22 by adding the Humanitarian Service Medal, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Parachutist Badge, and the USMC Rifle Expert Badge to Item 15; and by providing him a correction to the separation document that includes these awards.  

3.  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 Component Achievement Medal, Israel Jump Wings, Federal Republic of Germany Jump Wings, and the Reserve Component Enlisted Special Forces Qualification Course to his NGB Form 22.




_____x _____
          CHAIRPERSON




INDEX

CASE ID
AR20070010452
SUFFIX

RECON
AC96-06901 - 1996/07/17


DATE BOARDED
2008/03/
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1987/10/28
DISCHARGE AUTHORITY
NGR 600-200
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL 
REVIEW AUTHORITY

ISSUES         1.  1021
100.0000
2.

3.

4.

5.

6.