IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009
 
		DOCKET NUMBER:  AR20090002500 


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 correction of his records to show all the awards to which he is entitled.  He also requests correction of his records to show he was promoted.

2.  The applicant states, in effect, that his records should be amended to show all the medals to which he is entitled and his promotion based on his duty to God, country, and community.  He states he saved a life while on active duty on approximately 15 June 1996.  He alleges that he should have been promoted.  He also states, in effect, that his evaluation reports and military and civilian documentation showed it, but he was not promoted.

3.  The applicant provides the following documents in support of his application:  his congressional correspondence; his retirement orders, dated 20 February 2008; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 September 1971; his DD Form 214 for the period ending 2 April 1991; his Service to Mankind Award, dated 10 June 1991; his Certificate of Appreciation from the William Beaumont Army Medical Center, dated 1997; his Certificate of Appreciation from the William Beaumont Army Medical Center, date unknown; his Certificate of Appreciation, dated 25 April 1991; his Scroll of Appreciation, dated 12 March 1991; his Certificate of Appreciation from the U.S. Army South, Panama, dated 1 February 1996; his Certificate of Achievement from the 68th Medical Group, dated 3 April 1990; his letter of commendation, dated 16 June 1995; his Certificate of Retirement, dated 30 March 2008; and his Certificate of Commendation, date unknown.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially served in the U.S. Air Force from 11 September 1967 through 10 September 1971.  On the following day, he was transferred to the U.S. Air Force Reserve.  His DD Form 214 for the period ending 10 September 1971 shows he was awarded the National Defense Service Medal (NDSM), the Small Arms Expert Marksmanship Ribbon (SAEMR), the Air Force Good Conduct Medal (AFGCM), the Air Force Longevity Service Award (AFLSA), and the Air Force Medal (AFM) (correctly known as the Air Force Reserve Medal (AFRM)).

2.  The applicant enlisted in the U.S. Army Reserve on 30 January 1982.

3.  Headquarters, 44th General Hospital, Madison, WI, Orders 2-1, dated 8 January 1988, show the applicant was promoted to sergeant (SGT) and was awarded military occupational specialty 91A2O (medical specialist).

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed the Primary Leadership Development Course - Reserve Component in 1988.

5.  The applicant was ordered to active duty on 8 January 1991 in support of Operation Desert Shield/Desert Storm.  The specific dates he served in Southwest Asia are not available.  His DD Form 214 for the period ending 2 April 1991 shows he completed 2 months and 9 days of foreign service.  His name is not listed in the Operation Desert Shield/Storm Data Base.

6.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 lists award of the Marksman Marksmanship Qualification Badge with Rifle Bar, the NDSM, the SAEMR, the AFGCM, the AFLSA, the AFRM, the Overseas Service Ribbon (OSR), the Noncommissioned Officer Professional Development Ribbon (NCOPDR), two Army Reserve Components Achievement Medals (ARCAM), and the Army Superior Unit Award (ASUA).

7.  The applicant was released from active duty on 2 April 1991.  He was separated from active duty on temporary records.  His DD Form 214 for the period ending 2 April 1991 does not show entitlement to any awards during this period.  Item 18 (Remarks) of his DD Form 214 for the period ending 2 April 1991 indicates that a DD Form 215 (Correction to DD Form 214) would be issued by the Army Reserve Personnel Center to provide missing information, but there is no record of a DD Form 215.

8.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 for the period ending 2 April 1991 show his rank and pay grade as SGT, E-5, respectively.

9.  The applicant was given a Noncommissioned Officer Evaluation Report (NCOER) for the period January 1991 through April 1991 which shows his principal duty title as Practical Nurse and his rank as SGT.  Under Part V (Overall Performance and Potential) the rater placed an "X" in the block "Fully Capable."  The senior rater (SR) rated the applicant "Successful" for his overall performance and placed an "X" in Block 2.  The SR rated the applicant "Superior" and placed an "X" in block 2 for his overall potential for promotion and/or service in positions of greater responsibility.  The SR commented, in part, "Recommend promotion to staff sergeant."

10.  The applicant was given an NCOER for the period December 1990 through November 1991 which shows his principal duty title as Practical Nurse and his rank as SGT.  Under Part V, the rater placed an "X" in the block "Fully Capable."  The SR rated the applicant "Successful" for his overall performance and placed an "X" in block 3.  The SR rated the applicant "Superior" and placed an "X" in block 3 for his overall potential for promotion and/or service in positions of greater responsibility.  The SR commented, in part, "Needs to Develop Leadership Skills."

11.  The applicant was retired and placed on the Army of the United States Retired List on 30 March 2008 in the rank of SGT, E-5.

12.  There is no evidence of record which indicates the applicant was promoted prior to his retirement.

13.  The applicant provided several Certificates of Appreciation, a Certificate of Achievement, and a letter of commendation which exemplify his meritorious service during Operation Desert Shield/Desert Storm and his meritorious service to civilians.  These documents show his rank as SGT.

14.  Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that decorations, medals, citations and campaign ribbons awarded and authorized will be listed in the appropriate item of the DD Form 214.  This regulation provides that Certificates of Achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  However, Army Regulation 600-8-22 (Military Awards) provides that certificates of achievement or certificates and other documents recognizing periods of faithful service or acts which do not meet the criteria for decorations will be distributed to the individual’s military personnel records jacket and official military personnel file in accordance with Army Regulation 600-8-104 (Military Personnel Information Management/Records).

15.  Army Regulation 600-8-22 shows that the NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

16.  Army Regulation 600-8-22 as amended provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

17.  Army Regulation 635-5, states, in pertinent part, that the grade in which enlisted personnel were serving at the time of separation would be entered in item 4a and the pay grade will be entered in item 4b.

18.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs the enlisted promotions and reductions function of the military personnel system.  Chapter 3 of this regulation governs semi-centralized promotions to SGT and staff sergeant.  Promotion point cutoff scores are determined and announced monthly for each military occupational specialty (MOS) on the basis of the scores reported by the field and the needs of the Army by grade and MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his records should be amended to show all the medals to which he is entitled.  There is sufficient evidence with which to grant the applicant's request.

2.  The applicant's Certificates of Appreciation, Certificate of Achievement, and letter of commendation were noted.  However, based on the governing regulation, these documents are not authorized to be recorded on the DD Form 214.

3.  The applicant was awarded the NDSM, the SAEMR, the AFGCM, and the AFLSA during his service in the U.S. Air Force.  In addition, his DA Form 2-1 shows the Marksman Marksmanship Qualification Badge with Rifle Bar, the AFRM, the OSR, the NCOPDR, two ARCAMs, and the ASUA.  However, these 
awards are not listed on his DD Form 214 for the period ending 2 April 1991.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 2 April 1991 to show these awards.

4.  The applicant also served a period of qualifying service for a second award of the NDSM.  Therefore, his DD Form 214 for the period ending 2 April 1991 should be amended to add the NDSM with one bronze service star.  

5.  The applicant contends that he should have been promoted.  However, there is insufficient evidence as a basis on which to grant this portion of his request.

6.  The applicant was promoted to SGT in January 1988.

7.  The applicant's evaluation reports and meritorious service while he was on active duty were considered.  Although the applicant believes that he should have been promoted based on his military and civilian service, there is insufficient evidence which indicates he was promoted above the rank of SGT prior to his retirement in March 2008.  Therefore, there is no basis for correcting his records to show he was promoted.

BOARD VOTE:

____ ____  ___ _____  ___ ___  GRANT FULL RELIEF 

____X____  ____X____  _____X___  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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 April 1991 to add award of the Marksman Marksmanship Qualification Badge with Rifle Bar, the NDSM with one bronze service star, the SAEMR, the AFGCMDL, the AFLSA, the AFRM, the OSR, the NCOPDR, two ARCAMs, and the ASUA.

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 showing he was promoted.




      ____________X_____________
       	     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)                                         AR20090002500



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ABCMR Record of Proceedings (cont)                                         AR20090002500



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