IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080012155 


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 that item 8a (Station or Installation at which Effected) on his NGB Form 22 (Report of Separation and Record of Service) be corrected to show B Company, 2nd Battalion, 156th Infantry Regiment, 256th Brigade Combat Team, New Iberia, LA 70526.  He also requests that his Honorable Discharge Certificate be corrected to show the correct unit in which he was separated; that the military occupational specialty listed on his NGB Form 22 be corrected; and that he be awarded the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, and the Army Reserve Component Achievement Medal.

2.  The applicant states that he was denied the Global War on Terrorism Service Medal and the Armed Forces Reserve Medal because he did not deploy overseas with his unit.  He states that he was medically discharged in a very hostile and unprofessional manner and that the medical staff would not even considering “fixing” his knee.  He states that his chain of command treated him as if he was trying to evade deployment.  He states that he was a Good Soldier and that he made sergeant (E-5) in 18 months.  He states that he did whatever he was asked to do and that he does not understand why his discharge document was so full of mistakes.  He concludes by stating that he spoke with a recruiter in 2007 who pointed out what he needed to do to have his separation document corrected and what he should have been issued.  He states that if he can ever reenter the military, it would help him if his records are corrected.


3.  The applicant provides in support of his application, an Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD Form 293); a self-authored letter addressed to the Army Review Boards Agency dated 17 June 2008; a copy of his NGB Form 22; a copy of his Honorable Discharge Certificate; a copy of Orders 350-034, dated 15 December 2004; a copy of Orders 161-0240, dated 9 June 2004; a copy of a Notice of Medical Condition, dated 4 June 2004; a copy of Clinic Notes, dated 4 June 2004; a copy of Orders 130-204 dated 9 May 2004; three undated and unsigned copies of NGB Forms 22A (Correction to NGB Form 22); and website information pertaining to the Army Reserve Components Achievement Medal and the Global War on Terrorism Service Medal.

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.  On 22 September 2000, the applicant enlisted in the Louisiana Army National Guard (LAARNG) for 8 years, in the pay grade of E-1.  He successfully completed his training in military occupational specialty (MOS) 12C (Bridge Crewmember).

3.  On 6 January 2003, the applicant was transferred to MOS 11B (Infantryman).

4.  Orders 130-204, published by Joint Force Headquarters – Louisiana, Office of The Adjutant General, Jackson Barracks, New Orleans, LA, dated 9 May 2004, ordered the applicant to active duty for 545 days for the purpose of mobilization in support of Operation Iraqi Freedom with an effective date of 15 May 2004.  At the time that the orders were published, the applicant was assigned to Company B, 2nd Battalion, 156th Infantry Regiment, New Iberia.  The Orders show that he was ordered to report to his mobilization station at Fort Hood, TX, on 30 May 2004.


5.  On 4 June 2004, the applicant was seen at Monroe Health Clinic, Fort Hood for what was described as chronic knee pain and he was diagnosed with congenital knee problems.  Clinical Notes indicate that he had left knee surgery at age 10 for a “birth defect.”  The applicant described that he had pain in both knees that got worse after exercise.  The Clinical Notes describes the doctor’s plan for his congenital knee problems.  The applicant’s commanding officer was immediately notified of his medical condition on 4 June 2004.

6.  On 9 June 2004, Orders 161-0240, published by Headquarters, III Corps, Fort Hood, released the applicant from active duty and assigned him to Company B, 2nd Battalion, 156th Infantry Regiment, with an effective date of 13 June 2004.

7.  The applicant was honorably discharged from the LAARNG on 15 December 2004, under the provisions of Army Regulation 600-200, paragraph 8-26j(1), due to being medically unfit for retention per Army Regulation 40-501, chapter 3.  The NGB Form 22 that he was furnished at the time of his discharge shows that his awards included the Army Service Ribbon, the National Defense Service Medal, the Army Achievement Medal, the Noncommissioned Officer Professional Development Ribbon, and the Army Reserve Component Overseas Training Ribbon (2nd Award). 

8.  The applicant’s NGB Form 22 shows item 8a as the 2225th Panel Bridge Company, his primary MOS as 11B, and his secondary MOS as 12C.

9.  The Honorable Discharge Certificate that the applicant was furnished shows that he was assigned to the 2225th Panel Bridge Company at the time of his discharge.

10.  The applicant’s records do not show that he is entitled to the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, or the Army Reserve Component Achievement Medal. 

11.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

	a.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command. 

	b.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

		(1)  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

		(2)  all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

12.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal. It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

13.  The Army Reserve Components Achievement Medal is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve Troop Program Unit for each 4-year period since 3 March 1972.  Effective 28 March 1995, the period of qualifying service for the award was reduced from 4 years to 3 years; however, this change was not retroactive.  Service must have been consecutive and service performed in the Reserve Component of the United States Air Force, Navy, Marine Corps, or Coast Guard may not be credited for award of this medal.  The member must have exhibited honest and faithful service in accordance with the standards of conduct, courage and duty required by law and customs of the service of a member of the same grade as the individual to whom the standard is being applied.  A member must be recommended for the award by his/her unit commander.

14.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides in pertinent part that the enlisted MOS codes consists of five basic characters with provisions for optional use of four additional characters when further occupation identification is needed.  In recording the MOS code on records and reports, it will always contain all five basic characters. The first three characters are comprised of two numbers and one letter.  Collectively they identify the MOS without regard to level of skill.  The fourth character is a number and in combination with the preceding three characters, it indicated skill level within the MOS.  The fifth character is a letter.  It identifies 
special qualifications which are common to a number of positions and MOS.  The letter O will always be inserted as the fifth character of the MOS code when a portion does not require special qualifications and when an individual is not qualified for award of a special qualification identifier.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records do not support the applicant’s contentions that he is entitled to the awards of the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, and the Army Reserve Component Achievement Medal.

2.  He has provided no evidence, nor is there any evidence in the available records that show he was activated as a member of the Army National Guard in support of the Global War on Terrorism for 30 consecutive days or for 60 nonconsecutive days as required for award of the Global War on Terrorism Service Medal.  Therefore, he is not entitled to this award.

3.  The applicant did not have 10 or more years in a Reserve component to be eligible for award of the Armed Forces Reserve Medal and there is no evidence in the available records that shows that he was ever recommended for award of the Army Reserve Components Achievement Medal.  Accordingly, he is not entitled to either of these awards.

4.  The applicant contends that the MOS reflected on his NGB Form 22 is incorrect.  However, he provides no explanation as to why he believes that his MOS is incorrect.  His records and his NGB Form 22 show his primary MOS as 11B2O, Infantryman.  However, his records do show that he was initially awarded MOS 12C1O, which indicates a lower skill level than the 11B2O that is reflected on his NGB Form 22.  Inasmuch as it is not standard policy for this agency to make unfavorable corrections to an individual’s official military records, no action will be taken to change his secondary MOS.  If it is the applicant’s desire to have 
the secondary MOS on his NGB Form 22 changed to reflect a lower skill level than that currently reflected, he must reapply and specifically request that such action be taken.  

5.  In regard to the applicant’s requests that item 8a on his NGB Form 22 and his Honorable Discharge Certificate be corrected to show the station to which he was assigned prior to his discharge, it is recommended that relief be granted on this portion of his request.  His records show that he was assigned Company B, 2nd Battalion, 156th Infantry Regiment and both his NGB Form 22 and Honorable Discharge Certificate should be corrected to reflect this information.

6.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by amending item 8a on his NGB Form 22 to read Company B, 2nd Battalion, 156th Infantry Regiment, New Iberia, LA, 70526, and reissuing him an Honorable Discharge Certificate to reflect this same information.

2.  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 amending his NGB Form 22 to show a different MOS and awarding him the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal, and the Army Reserve Component Achievement Medal.


      ___        XXX                ___
                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)                                         AR20080012155



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ABCMR Record of Proceedings (cont)                                         AR20080012155



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