IN THE CASE OF:	  

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080006490 


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 reissuance of orders awarding him an additional skill identifier (ASI) of B4 and that the orders be placed on the performance fiche of his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that he successfully completed the National Guard Bureau (NGB) Scout/Sniper School and received a DA Form 1059 (Service School Academic Evaluation Report), dated 1 June 1997, and a course completion certificate.  The applicant states that his NGB Form 22 (Report of Separation and Record of Service), with the period ending 6 May 1999, confirms his ASI of B4. 

3.  The applicant states that on 31 March 2008, the Virginia Army National Guard (VAARNG) G1 confirmed that orders were cut on 1 June 1997, but the order could not be found or recreated.  He requests that orders awarding him the ASI of B4 be reissued from the VAARNG and that the order be placed in his OMPF.  The applicant continues that Human Resources Command (HRC) Officer Records Branch removed his DA Form 1059 and course completion certificate from his promotion packet and performance fiche and placed the documents on his restricted fiche.  He concludes that his OMPF does not reflect successful completion of the school.

4.  The applicant provides his NGB Form 22; a DA Form 1059; an NGB Scout/Sniper Course completion certificate; and his current Officer Record Brief (ORB).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 January 1991 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant was honorably released from active duty on 21 May 1995.  On 22 May 1995, he enlisted in the VAARNG.  

2.  On 1 June 1997, the applicant successfully completed the NGB Scout/Sniper School.  

3.  VAARNG Orders 250-039, dated 7 September 1999, show that he was honorably discharged effective 6 May 1999 to accept a commission as an officer. He was reduced from Sergeant (SGT)/E-5 to Specialist (SPC)/E-4, primary MOS 09R20 (Simultaneous Membership) was withdrawn, and he was awarded primary MOS 11B1PB4.  This document is located on the applicant's restricted fiche of his OMPF on IPERMS (Integrated Personnel Electronic Records Management System).

4.  The applicant's NGB Form 22 shows in item 12 (Military Education) the entry "NGB SCOUT SNIPER 3 WK JUN97/."  Item 13 (Primary Specialty Number, Title and Date Awarded) shows the entry "(P) 11B1PB4 INFANTRY 970601."  This document is located on the applicant's service fiche of his OMPF.

5.  The applicant entered active duty on 7 May 1999 and was promoted to Captain (CPT)/O-3, on 1 October 2002.

6.  The applicant's ORB, prepared on 29 April 2008, shows in Section VI (Military Education) the entry "SNIPER 1997."

7.  In the processing of this case an advisory opinion was obtained from the Chief of the Personnel Division of the NGB.  The Chief of the Personnel Division recommended disapproval of the applicant's request for reissuance of his ASI orders to be placed on his OMPF, the reason being that officers could not carry ASIs and the order would automatically be placed into the applicant's restricted fiche and be unavailable for review by a promotion board.  

8.  The NGB official further stated that the applicant's NGB Form 22, dated 6 May 1999, lists the scout sniper school as part of his military education and item 
13 indicates he was awarded the B4 ASI during his service in the VAARNG. National Guard Regulation 600-200, chapter 2, paragraph 4(a)(4) states the NGB Form 22 can be used to determine skills and qualifications obtained during previous periods of service.
9.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), chapter 2, paragraph 7(a)(4)(a) states when enlisted Soldiers are appointed as commissioned officers, their enlisted OMPF will be collocated with their new officer OMPF.  The enlisted OMPF, however, will not be released to officer selection boards (i.e., the enlisted OMPF will be placed in the restricted section of the OMPF).  Awards and decorations will be transferred to the newly-created officer performance fiche.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be reissued orders awarding him ASI B4 and that the orders should be placed on the performance fiche of his OMPF.  
On 1 June 1997, the applicant successfully completed the NGB Scout/Sniper School and ASI orders should have been issued at that time.  

2.  It appears that while the applicant was in the Reserve Officers’ Training Corps (ROTC) he was in the Simultaneous Membership Program.  As such, it appears that the applicant was awarded primary MOS 09R20 and primary MOS 11B1PB4 was withdrawn.  Upon his completion of ROTC, his primary MOS of 09R20 was withdrawn and his old primary MOS of 11B1PB4 was re-awarded.  On 7 May 1999, he accepted an appointment as a commissioned officer.  In accordance with Army Regulation 600-8-104, the order was placed on his restricted fiche as part of his enlisted OMPF.  Since the document was not an award or decoration, the enlisted document was properly placed on the applicant's restricted fiche.  

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

4.  Although the applicant's enlisted order awarding him the ASI of B4 is unavailable for review by a promotion board, his NGB Form 22 shows he successfully completed the NGB Scout Sniper School and was awarded an ASI of B4, and his current ORB shows sniper training as part of his military education. Both documents are on the applicant's service fiche of his OMPF and are available for view by a promotion board.

5.  If the applicant still believes that his enlisted MOS order showing his ASI of B4 is still important to an officer promotion board, he has the option of providing those orders to the president of the board.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  ___XX_____  ____XX____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _XXXX   _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080006490



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ABCMR Record of Proceedings (cont)                                         AR20080006490



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