IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100011495 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show the Combat Infantryman Badge (CIB), and the U.S. Army Excellence in Competition Badge, Bronze, Pistol.  He also requests change of his Military Service Obligation (MSO) date to reflect 18 September 2009 instead of 18 September 2010.

2.  The applicant states that he has orders and contracts that confirm the corrections in question should be made.

3.  The applicant provides the following:

* Permanent Orders 294-003, dated 21 October 2007, awarding him the CIB
* DD Form 214 for the period ending 18 July 2008
* DD Form 215 (Correction to the DD Form 214), dated 26 September 2008
* three DD Forms 4 (Enlistment/Reenlistment Document), dated
22 September 2004, 19 October 2002, and 18 June 2008
* NGB Form 22 for the period ending 18 September 2009
* active duty separation orders, dated 8 May 2008
* Reserve component (RC) separation orders, dated 3 June 2004 and
9 October 2009
* 
Permanent Orders 274-1705, dated 12 October 2009, awarding him the U.S. Army Excellence in Competition Badge, Bronze, Pistol

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he initially enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 19 October 2002.  He continued to serve in the USAR until he was honorably discharged on 21 September 2004.

2.  On 22 September 2004, the applicant enlisted in the Regular Army (RA).  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).

3.  On 21 October 2007, Permanent Orders Number 294-003, issued by Headquarters, Combined Joint Task Force-82, Bagram Airfield, Afghanistan, awarded the CIB to the applicant for being engaged in ground combat on 5 April 2007.

4.  On 18 June 2008, while serving on active duty, the applicant signed a contract to enlist in the Illinois Army National Guard (ILARNG), for 1 year and 2 months.  Annex A of the DD Form 4 [page 4/DA Form 7249-R] shows that based on the applicant’s agreement to serve in a Selected Reserve unit, his MSO was reduced by
13 months, thereby adjusting his MSO from 18 October 2010 to 18 September 2009.

5.  On 18 July 2008, the applicant was honorably released from active duty (REFRAD) after completing 3 years, 9 months, and 27 days of net active service this period.  Item 6 (Reserve Obligation Termination Date) of his DD Form 214 shows the entry “20101018” and Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Afghanistan Campaign Medal (ACM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* NATO Medal
* 
Ranger TAB
* Parachutist Badge

6.  On 19 July 2008, the applicant enlisted in the ILARNG.

7.  Permanent Orders Number 274-1705, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 1 October 2009, awarded him the U.S. Army Excellence in Competition Badge, Bronze, Pistol for marksmanship performance with the service pistol, effective 12 July 2009.

8.  On 18 September 2009, the applicant was honorably discharged from the ILARNG by reason of expiration term of service.  Item 11 (Terminal Date of Reserve/Military Service Obligation) of his NGB Form 22 shows the entry
“10 10 18” and item 15 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded) shows the:

* ARCOM
* AAM
* AGCM
* NDSM
* ACM
* GWOTSM
* ASR
* OSR
* NATO Medal
* Ranger TAB
* Parachutist Badge

9.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Paragraph 2-4h(6) states that item 6 will contain the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Item 13 will list awards and decorations for all periods of service in priority, as listed in the Army Regulation 600-8-22 (Military Awards).

10.  National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-17, provides for the preparation and distribution of the 

NGB Form 22.  This form is prepared for every Soldier being discharged from the ARNG or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies.  It states, in pertinent part, for:

	a.  item 11, enter terminal date of the original 6 year or 8 year MSO regardless of whether it is in the past, at present, or in the future; or the current ETS, whichever date is later; or “NA” for Soldiers separating out of the ARNG and as a Reserve of the Army; and

	b.  item 15, enter all awards from the Soldier's entire service.  To the maximum extent practical, spell out the actual name of the award.  Separate
each award from the next by a "/" and conclude the listing with the
notation "//NOTHING FOLLOWS//."  If the full names of the awards, decorations, and tabs are too numerous to fit in the allocated space in block 15, use the authorized abbreviations as found in Army Regulation 25-52 (i.e.: MSM-1/
ARCOM-2/EXP Badge w Rifle Bar/DA Certificate of Achievement/ARNG Recruiter Badge//NOTHING FOLLOWS//)

11.  National Guard Regulation 600-200, paragraph 6-18 (Amendments and corrections to NGB Form 22) states that when determined from official records that the Soldier's NGB Form 22 contains an error or omission of pertinent facts, discharge authorities may issue an NGB Form 22A (Correction of NGB Form 22).
Give the original of NGB Form 22A to the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant:

	a.  was awarded the CIB effective 5 April 2007 by the appropriate award
authority in official orders;

	b.  received an adjusted MSO of 18 September 2009 effective with his 
19 July 2008 enlistment in the ILARNG; and

	c.  was awarded the U.S. Army Excellence in Competition Badge, Bronze,
Pistol on 12 July 2009 by the appropriate award authority in official orders.

3.  Based on the applicant’s award of the CIB and his adjusted MSO date, his
DD Form 214 for the period ending 18 July 2008 should be corrected accordingly.

4.  By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  In this case, the applicant served on active duty from 22 September 2004 to 18 July 2008.  He was awarded the U.S. Army Excellence in Competition Badge, Bronze, Pistol effective on 12 July 2009.  Therefore, there is no basis for adding this award to his DD Form 214 for the period ending 18 July 2008.

5.  Because he no longer had an MSO when he was discharged from the ARNG he should also have been discharged as a Reserve of the Army.  Therefore, the applicant’s NGB Form 22 for the period ending 18 September 2009 should be corrected to reflect:

a. completion of the third header block to show “AND AS A RESERVE OF THE ARMY”;

b. the entry “NA” in item 9 (Command to Which Transferred);

c. the entry “NA” in item 11; and

d. the CIB and U.S. Army Excellence in Competition Badge, Bronze, Pistol, in addition to the current list of awards shown in item 15.

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

a. deleting from item 6 of his DD Form 214 for the period ending 18 July 2008 the entry "20101018" and replacing it with the entry "20090918";

b. adding to item 13 of his DD Form 214 for the period ending 18 July 2008 the Combat Infantryman Badge; and

c. amending the NGB Form 22 for the period ending 18 September 2009 to
show:

1) the entry “AND AS A RESERVE OF THE ARMY” in the third header block;

2) deleting the current entry contained in item 9 and replacing it with the entry “NA”;

3) deleting the current entry in item 11 and replacing it with the entry "NA”; and

4) adding the Combat Infantryman Badge and the U.S. Army Excellence in Competition Badge, Bronze, Pistol to item 15.

2.  The Board further determined that the evidence presented was 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 to item 13 of his DD Form 214 for the period ending 18 July 2008 the U.S. Army Excellence in Competition Badge, Bronze, Pistol.



      ___________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)                                         AR20100011495



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ABCMR Record of Proceedings (cont)                                         AR20100011495



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