IN THE CASE OF: 

		BOARD DATE:	    6 November 2012

		DOCKET NUMBER:  AR20120008590 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the:

* Expert Infantryman Badge
* Humanitarian Service Medal
* Military Outstanding Volunteer Service Medal

2.  As new issues, the applicant requests correction of his DD Form 214 to show:

* Completion of the Primary Leadership Development Course (PLDC) and award of the Noncommissioned Officer (NCO) Professional Development Ribbon
* Award of marksmanship qualification badges with the M-29 Squad Automatic Weapon, M-60 Machine Gun, M-240 Machine Gun, M-9 Pistol, and Grenade
* Promotion to sergeant (SGT)/E-5

3.  The applicant states:

* He entered the DOD Marrow Donor Program in 1999 as a volunteer; this should be considered to award him the Military Outstanding Volunteer Service Medal
* Since his separation from active duty, he improved his education and obtained a Master program with a high grade point average and with honors; he is currently pursuing a Doctorate program
* He worked in a program that assists wounded warriors and their families
* He does not understand why he was not promoted to SGT/E-5

4.  The applicant provides:

* Marrow Donor Center Registration Confirmation (previously submitted)
* Appointment letter at Grand Valley State University (previously submitted)
* DA Form 638 (Recommendation for Award)
* Transcripts of Academic Records (previously submitted)
* Admittance approval letter to a PhD program
* Multiple correspondence courses score sheets
* Letter of appreciation
* DD Form 214 (previously submitted)
* Incomplete and unsigned DA Form 638 recommendation for award of the Meritorious Service Medal

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110017870 on 19 April 2012.

2.  The applicant submits two DA Forms 638 and multiple correspondence courses score sheets that were not previously considered.  Therefore, they warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 31 August 1993 and he held military occupational specialty (MOS) 11B (Infantryman).

4.  He served at Schofield Barracks, HI with 3rd Battalion, 22nd Infantry,
25th Infantry Division from 11 January 1994 to 20 December 1995.  During this period of service he was promoted to specialist (SPC)/E-4 on 31 January 1995.

5.  He reenlisted on 20 September 1995 and he subsequently served at Fort Wainwright, AK with 1st Battalion, 17th Infantry from on or about 18 January 1996 to on or about 14 January 1999.

6.  He was honorably released from active duty on 19 May 2000 and he was transferred to a U.S. Army Reserve unit to complete his remaining service obligation.  He completed 6 years, 8 months, and 19 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* Items 4a ((Grade, Rate or Rank) and 4b (Pay Grade) the entries "SPC" and "E-4," respectively
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (4th Award)
* Army Commendation Medal (2nd award)
* Army Good Conduct Medal (2nd award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

* Item 14 (Military Education) the:

* Nuclear, Biological, and Chemical Defense Course, 2 weeks, 1997
* Combat Lifesaver Course, 1 week, 1999

7.  On 3 July 2012, he was issued a DD Form 215 (Correction to DD Form 214) that added to item 13 of his DD Form 214 the Army Lapel Button.

8.  On 10 April 2012, he was issued a second DD Form 215 that added to
item 13 of his DD Form 214 the Expert Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.

9.  The applicant's records do not contain and he did not provide:

* official orders awarding him the Expert Infantryman Badge
* orders, memoranda, or certificates showing he qualified with any additional weapon systems or the degree of qualification
* official diploma or DA Form 1059 (Service School Academic Evaluation Report) confirming his completion of PLDC
* a recommendation for award of the Military Outstanding Volunteer Service Medal
* proof of service in Haiti

10.  He submitted:

	a.  Multiple documents, dated in 2011 and 2012, that confirm he volunteered for the Marrow Donor Program in 1999 and he was identified in 2004 as a suitable donor.

	b.  DA Form 638, dated 20 November 1995, awarding him the Army Achievement Medal for service from 1 February 1994 to 1 December 1995 while assigned to 2nd Battalion, 35th Infantry, Schofield Barracks, HI.  He highlighted the achievement that reads "[Applicant] displayed a high level of dedication and professionalism during the train-up for Operation Provide Refuge in Haiti; he used his knowledge and many languages to help provide realistic training for our sister units."

	c.  Multiple college transcripts attesting to his high academic standing and grade point average.

	d.  Multiple correspondence course score sheets, dated on various dates between 1997 and 1999, that confirm he was enrolled in and successfully completed various infantry correspondence sub-courses with the Primary Leadership Program course of study.

	e.  A letter, dated 4 July 2012, from the applicant to the former Commanding General (CG), 25th Infantry Division, wherein the applicant asked the former CG to recommend him for award of the Meritorious Service Medal.  He also enclosed a recommended DA Form 638 for the former CG's signature.

	f.  A letter, dated 7 July 2012, from the former CG, 25th Infantry Division, informing the applicant that he could not recommend him for an award when he has no personal knowledge of him.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge a Soldier must be in an active Army status and must have an infantry or special forces specialty.  Commanders of U.S. Army training centers have the authority to test and award the badge.

	b.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of 

Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 lists Department of Defense and Department of the Army approved Humanitarian Service Medal Operations.  Table C-1 lists Haiti as an approved area for the Humanitarian Service Medal for participants for Joint Task Force 180, 190, and Multi-National Force Operation Uphold/Restore Democracy during the period 10 September 1994 through 31 March 1995.

	c.  The Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature.  To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements:  (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. 

	d.  Marksmanship Qualification Badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

12.  Army Regulation 600-8-22 also provides for award of the NCO Professional Development Ribbon.  The NCO Professional Development Ribbon is awarded to active Army, Army National Guard (ARNG), and USAR Soldiers for successful completion of designated NCO professional development courses.  It consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.

	a.  Soldiers must successfully complete one or more of the courses listed in sub-paragraph k of paragraph 5-6 that are further described in chapter 6 of Department of the Army Pamphlet 351–4 (U.S. Army Formal School Catalog) - [This pamphlet has been incorporated into Army Regulation 350-1 (Army 
Training and Leaders Development)].  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.

	b.  Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral that identifies the highest level of NCO Education System (NCOES) or RC-NCOES successfully completed as follows:  1 Bar Ribbon Device = Primary Level; 2 = Basic Level; 3 = Advanced Level; and 4 = Senior Level.

	c.  Effective 1 August 1981, all active Army, ARNG and USAR Soldiers in an active status are eligible for this award for satisfactory completion of the respective NCOES or RC-NCOES courses as follows:  The Primary level consists of the Primary NCO Course, Combat Arms (PNCOC); Primary Leadership Course (PLC), Primary Technical Courses (Service School-PTC); and WLC (formerly called PLDC) for award of the basic ribbon.

13.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies, responsibilities, and procedures pertaining to promotion and reduction of enlisted personnel.  Promotion to SGT/E-5 requires appearance before a promotion board, recommendation to be incorporated on the promotion standing list, and publication of the promotion instrument (order).

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states the following:

	a.  Items 4a and 4b show the member's rank and grade at the time of separation and is obtained from the promotion or reduction order.

	b.  Item 14 is obtained from the member's records and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Expert Infantryman Badge, the applicant's record is void of an order awarding him this badge.  Additionally, there is no evidence in the available records and he did not provide any evidence that shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is no basis for showing this badge on his DD Form 214.

2.  With respect to the Humanitarian Service Medal, there is no evidence in his records and he provides insufficient evidence to show he qualified for this award. The DA Form 638 he provides shows he helped "during the train-up for Operation Provide Refuge in Haiti."  It does not show he deployed, or he had directly participated in the humanitarian act or operation within the designated geographical area of operation and within the specified time limits, and he did not provide evidence that substantiates direct participation.  As such, there is insufficient evidence to support his entitlement to this award.

3.  With respect to the Military Outstanding Volunteer Service Medal, his volunteer efforts into the Marrow Donor Program and his outstanding academic achievements are not in question.  However, there is no evidence he was recommended for such award or that his commander certified the eligibility requirements have been met.  Therefore, there is insufficient evidence to award his this award.

4.  With respect to the completion of PLDC, the evidence he provides shows he was enrolled in a correspondence course and he completed several of the sub-courses for this course.  However, there is no evidence he was enrolled, attended, and/or successfully completed formal training in an NCO Academy.  In the absence of a diploma or a DA Form 1059, there is insufficient evidence to list this course on his DD Form 214.  Additionally, since he did not complete PLDC, which is considered the first level of the NCO Education System, he is ineligible for award of the NCO Professional Development Ribbon.  Therefore, there is no basis for granting these portions of his request.

5.  With respect to the marksmanship badges, the applicant was previously issued a DD Form 215 that added the Expert Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.  There is no evidence he qualified with any other weapon systems or the degree of qualification.  Therefore, there is insufficient evidence to list any additional badges to his DD Form 214.

6.  The applicant's record is void of a recommendation for or promotion to SGT/E-5.  It is not possible to determine why he was not recommended for promotion to SGT/E-5.  The burden of proof is with the applicant; not the Board.  Since there is no evidence he was recommended for or promoted to SGT/E-5 and since he held the rank/grade of SPC/E-4 at the time of separation, his DD Form 214 correctly listed his rank and grade; there is no error.  Therefore, there is no basis for granting this portion of his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20110017870, dated 19 April 2012.

2.  With respect to the new issues he raised, 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.



      _______ _ 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)                                         AR20120008590



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ABCMR Record of Proceedings (cont)                                         AR20120008590



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