RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, 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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE  __  __JRS __  _LWR___  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.




                                  _____Lester Echols______
                                            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.                      |                                        |


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