IN THE CASE OF:	  

		BOARD DATE:	       16 JUNE 2009

		DOCKET NUMBER:  AR20090002753 


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 award of the National Defense Service Medal and the Army Commendation Medal; any other awards, decorations, and campaign ribbons he may have earned; and promotion to the next higher grade.

2.  The applicant states that he was assigned to the 1st Battalion, 133rd Infantry “Ironman,” Waterloo, IA, and was even appointed as the rear detachment tactical intelligence officer during his unit’s deployments in 2003, 2004, and 2005 to the Multinational Force and Observers (MFO) mission in Egypt and Afghanistan.  He adds that in December 2001 and subsequent years, other Soldiers received the National Defense Service Medal after finishing their advanced individual training (AIT).  He further adds that S-1 and Headquarters Company personnel, known to not keep up on records and/or losing government data, did not give him the promised medals and decorations.  He also states that he never got a promotion which he should have been given as he had served for six years.  

3.  The applicant provides a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 1 June 2007; and a copy of Orders 123-052, issued by the Office of The Adjutant General, Iowa Army National Guard (IAARNG), Johnston, IA, on 3 May 2003, in support of his request.




CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the IAARNG in the rank of private first class (PFC)/E-3 on 25 July 2001 and was assigned to Headquarters and Headquarters Company, 1st Battalion, 133rd Infantry, Waterloo, IA.  He was subsequently ordered to active duty for training (ADT) on 14 August 2001, completed basic combat and advanced individual training, and was awarded military occupational specialty 71L (later re-designated as 42L) (Administrative Specialist).  He was released from ADT to the control of his ARNG unit on 6 December 2001. 

2.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 3 months and 23 days of creditable active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the Army Service Ribbon.

3.  On 26 August 2002, the applicant executed an Army Senior Reserve Officers’ Training Corps (ROTC) Non-Scholarship Cadet Contract in which he agreed that upon completion of academic, military, and all other requirements of the Army ROTC program, he may be appointed as a Reserve officer of the Army.  

4.  On 11 October 2002, Office of The Adjutant General, IAARNG, published Orders 200-066 announcing the applicant’s promotion to Cadet, Sergeant (SGT)/E-5, award of MOS 09R2O (Cadet-Officer Candidate), and assignment as a Tactical Intelligence Officer, effective 26 August 2002, in accordance with paragraph 11-18c of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) (promotion as a cadet enrolled in the ROTC). 

5.  On 25 February 2005, Office of The Adjutant General, IAARNG, published Orders 056-041 announcing the applicant’s reduction from Cadet, SGT/E-5 to
PFC/E-3 and award of MOS 71L1O, effective 12 January 2005, in accordance with paragraph 7-63b of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), for administrative reasons.

6.  On 3 March 2005, the applicant was attached to Headquarters, 185th Regiment, Regional Training Institute (RTI), Johnston, IA, for pay, training, and administration, effective 1 March 2005 

7.  On 4 March 2005, Office of The Adjutant General, IAARNG, published Orders 063-014 announcing the applicant’s promotion to staff sergeant (SSG)/E-6, award of MOS 09S3O (Officer Candidate School Candidate), and assignment as a Tactical Intelligence Officer, effective 1 March 2005, in accordance with paragraph 5-10c of NGR 600-200.

8.  On 1 June 2005, the applicant was released from attachment to Headquarters, 185th Regiment, Johnston, IA.

9.  On 1 June 2005, Office of The Adjutant General, IAARNG, published Orders 152-015 announcing the applicant’s reduction from SSG to PFC and award of MOS 71L1O, effective 23 May 2005, in accordance with paragraph 7-63b of NGR 600-200, for administrative reasons.

10.  On 23 August 2005, the applicant’s immediate commander initiated a DA Form 4187 (Personnel Actions) denying the applicant's advancement to specialist (SPC)/E-4.  The immediate commander indicated that counseling was on file to support the reason for non-advancement.

11.  On 3 March 2006, the applicant requested and was authorized an Inter-State transfer to the Minnesota Army National Guard (MNARNG).  He was assigned to the 34th Military Police Company, Bloomington, MN. 

12.  On 1 June 2007, the applicant was honorably discharged from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The NGB Form 22 he was issued shows he completed 4 years of total service for retired pay.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) of this form shows he was awarded the Army Service Ribbon.  

13.  The applicant’s records do not contain orders that show he was awarded the Army Commendation Medal. 

14.  Army Regulation 600-8-22 (Military awards) provides for award of the National Defense Service Medal.  It states, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  This regulation also states that during these periods, ARNG and USAR forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.  It further states that any service member on temporary duty (TDY) or temporary active duty (TAD) to serve on boards, courts, commissions, and like 
organizations; and/or any service member on active duty for the sole purpose of undergoing a physical examination is not eligible for the National Defense Service Medal.  

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

17.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  The Automated Enlisted Advancement Report (Active Army) or, for USAR, DA Form 4187, or Standard Installation/Division Personnel System (SIDPERS) Army Reserve Advancement Eligibility Status Roster (GRA–PO1) are the official instruments used by commanders to recommend Soldiers for advancement to SPC and below.  When the commander denies promotion, he or she may promote the Soldier on the next automated Enlisted Advancement Report, provided the Soldier is otherwise qualified.  The eligibility criteria for automatic advancement to SPC are 24 months time in service (TIS) and
6 months time in grade (TIG).  Soldiers must not be flagged or barred from reenlistment.  Any Soldier reduced must be fully qualified (without waiver) for promotion to the next higher grade.  If a unit commander elects not to recommend a Soldier for advancement on the automatic promotion date, then a DA Form 4187 denying the advancement will be submitted.

18.  NGR 600-200 sets forth the basic authority for the management of enlisted personnel.  Chapter 11 of the version in effect at the time provides for special advancements, appointments, promotions, and restorations to private (PV2)/E-2 through sergeant major (SGM)/E-9.  They are used in special circumstances.  Paragraph 11-18 of the version in effect at the time, states, in pertinent part, that the following promotions and advancements are authorized and are announced on a DA Form 4187 or orders, without the issuance of a promotion certificate.  
	
   a.  promote Soldiers in the rank of corporal (CPL) or SPC and below to SGT (with a title of Candidate) one day before they enter the active Army Officer Candidate School (OCS) or the Warrant Officer Entry Course; 

	b.  promote Soldiers in the rank of SGT and below to SSG (with the title of Candidate) one day before they enter candidate status upon enrolling in the ARNG State Officer Candidate School or the Physician's Assistant School; and

	c.  promote Soldiers in the rank of SPC or CPL and below to SGT as cadets effective the date of enrollment in the ROTC/Simultaneous Membership Program (SMP) concurrent with enrollment in the ROTC Advanced (Military Science (MS) III and IV) course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the National Defense Service Medal and the Army Commendation Medal, and promotion to SPC.  

2.  With respect to award of the National Defense Service Medal, the evidence of record shows that the applicant was ordered to ADT and entered active duty on 14 August 2001.  Members of the ARNG are considered to be in an "inactive duty training (IDT)" program when on ADT.  Members of the ARNG on short tours of duty to fulfill training obligations under an IDT program are not eligible for award of the National Defense Service Medal.  In similar situations, officials at the U.S. Army Human Resources Command (USAHRC) opined that members of the ARNG on ADT are excluded from eligibility for award of the National Defense Service Medal.

3.  With respect to the Army Commendation Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, there is insufficient evidence to grant the applicant relief in this case. 

4.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
5.  With respect to the applicant’s advancement to SPC, the evidence of record shows that on 23 August 2005, his immediate commander initiated a DA Form 4187 denying him advancement to SPC.  There is no evidence in the available record and the applicant did not provide any evidence that shows he was advanced at a later date which would have required the publication of an order or that he was recommended for advancement or that he was unjustly denied advancement in August 2005.  In the absence of an order or other supporting evidence, there is insufficient evidence to grant the applicant's requested  relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  _____X___  ___X_____  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.



      ________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)                                         AR20090002753



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ABCMR Record of Proceedings (cont)                                         AR20090002753



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