BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120009142 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards:

* Meritorious Service Medal (MSM) (2nd Award)
* Army Commendation Medal (ARCOM) (5th Award)
* Army Achievement Medal (AAM) (5th Award)
* Army Superior Unit Award (ASUA) (2nd Award)
* Army Good Conduct Medal (AGCM) (4th Award)
* National Defense Service Medal (NDSM) (2nd Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR) with numeral "4"
* Army Reserve Components Overseas Training Ribbon (ARCOTR)
* Army National Guard (ARNG) Master Recruiter Badge
* Army Career Counselor Badge
* Expert Field Medical Badge (EFMB)
* Army Physical Fitness Badge
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Grenade Bars

2.  He also requests correction of his DD Form 214 for the period ending 18 June 1999 to add the following military education:

* Administrative Specialist Course (71L), 7 weeks, 1978
* Headstart (Dutch), 1 week, 1980
* Primary Leadership Course (PLC), 4 weeks, 1981
* Legal Specialist Course (71D), 10 weeks, 1981
* Primary Leadership Development Course (PLDC), 4 weeks, 1982
* ARNG Recruiter Course, (00E), 4 weeks, 1985
* ARNG Recruiter Advanced NCOES Course, 4 weeks, 1985
* Retention Noncommissioned Officer Course (79T), 2 weeks, 1986
* Reserve Component Basic NCO Education System (NCOES) Course,
2 weeks, 1986
* Multiple Integrated Laser Engagement System (MILES) Course, 1 week, 1986
* ARNG Training NCO Course, 3 weeks, 1986
* EFMB Course, 1 week, 1987
* U.S. Army Reserve (USAR) Instructor Training Course, 2 weeks, 1987

3.  The applicant states the documents from his records were not filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) by the appropriate military records custodian.

4.  The applicant provides:

* Army Review Boards Agency letter, dated 2 May 2012
* DD Form 214 for the period ending 18 June 1999
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 2 September 1987
* NGB Form 22A (Correction to NGB Form 22), issued on 6 December 2010
* MSM Certificate, dated 24 September 1987
* MSM Permanent Order 239-23, issued by Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, dated 27 August 1999
* ARCOM Certificate, dated 15 September 1986
* ARCOM Certificate, dated 26 March 1987
* ARCOM Certificate, dated 16 December 1990
* ARCOM Permanent Order 09-14, issued by Headquarters, 90th USAR Command, San Antonio, TX, dated 30 June 1993
* ARCOM Permanent Order 13-15, issued by the same headquarters, dated 3 June 1995
* 
AAM Certificate, dated 26 January 1984
* AAM Certificate, dated 29 November 1984
* AAM Certificate, dated 15 May 1987
* AAM Permanent Order Number 283-35, issued by the U.S. Army Recruiting Battalion – Dallas, dated 10 October 1997
* AAM Permanent Order Number 294-6, issued by the same headquarters, dated 31 October 1998
* Certificate of Training for the Infantry Reserve Component New Equipment Training Program of Instruction on the MILES, undated
* U.S. Army Soldier Support Institute Diploma for completing the ARNG Recruiter Advanced NCOES Course, dated 1 November 1985
* DD Form 214 for the period ending 5 March 1984
* Résumé
* Military Biographical Summary
* Memorandum issued by the USAR Personnel Command, St. Louis, MO, subject:  Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 2 April 1998
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 2 May 2012

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.  The applicant enlisted in the USAR Delayed Entry Program (DEP) on 22 February 1978.  He was discharged from the USAR DEP on 4 September 1978 and he enlisted in the Regular Army (RA) on 5 September 1978.  He completed training as an administrative specialist.  He reenlisted in the RA on 6 March 1981.

3.  On 5 March 1984, the applicant was honorably discharged at the expiration of his term of service.  The DD Form 214 he was issued at the time shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* AGCM (1st Award)
* AAM (2nd Award)
* Army Service Ribbon (ASR) (1st Award)
* NPDR
* Overseas Service Ribbon (OSR) (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  item 14 (Military Education) the:

* Administrative Specialist, 7 weeks, December 1978
* Headstart, 1 week, April 1980
* PLC, 4 weeks, May 1981
* Legal Clerk Course, 10 weeks, December 1981

4.  On 6 March 1984, the applicant enlisted in the Louisiana Army National Guard (LAARNG).  After completing 3 years, 5 months, and 27 days of net service this period, he was honorably discharged on 2 September 1987.  The NGB Form 22 he was issued at the time shows in:

	a.  item 12 (Military Education) the:

* Administrative Specialist, 7 weeks, 1978
* PLC, 4 weeks, 1981
* Legal Clerk Course, 10 weeks, 1981
* Training NCO Course, 3 weeks, 1986

	b.  item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) the:

* AAM (1st Award)
* AAM (2nd Award)
* AGCM (1st and 2nd Award)
* ASR
* NPDR
* ARCOM
* OSR
5.  On 6 December 2010, the applicant was issued an NGB Form 22A correcting in part item 12 and item 15 of his NGB Form 22 to show in:

	a.  item 12 the following military education:

* 71L/Administrative Specialist, 7 weeks, 1978
* Headstart (Dutch), 1 week, 1980
* PLC, 4 weeks, 1982
* PLDC, 4 weeks, 1982
* Legal Specialist, 10 weeks, 1981
* 00E/ARNG Recruiter, 4 weeks, 1985
* 79T/Retention NCO, 2 weeks, 1986
* Reserve Component Basic NCO Course, 2 weeks, 1986
* MILES Training, 1 week, 1986
* Training NCO Course, 3 weeks, 1986
* Expert Field Medical Badge Training, 1 week, 1987

	b.  item 15 the following awards:

* MSM (1st Award)
* ARCOM (1st and 2nd Award)
* AAM (1st, 2nd, and 3rd Award)
* AGCM (1st, 2nd, and 3rd Award)
* OSR (1st Award)
* ASR (1st Award)
* NPDR with numeral "3"
* ARCOTR (1st Award)
* ARNG Recruiter Badge – 1984
* ARNG Senior Recruiter Badge – 1985
* ARNG Master Recruiter Badge – 1986
* Career Counselor Badge – 1986
* Expert Physical Fitness Badge – 1987
* EFMB  – 1987
* Driver and Mechanic Badge with Driver-W Bar – 1987
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) – 1987
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Grenade Bar – 1987

6.  The applicant enlisted in the USAR on 3 September 1987 and reenlisted on
8 May 1993.  He extended his USAR enlistment on 21 March 1996.

7.  On 19 June 1996, the applicant entered on active duty.  After completing 3 years of net active service this period, on 18 June 1999, he was honorably released from active duty at the completion of his required active service.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in:

	a.  item 13 the:

* Army Lapel Button
* ARCOM (4th Award)
* AAM (3rd Award)
* ASUA
* AGCM (2nd Award)
* Army Reserve Components Achievement Medal (ARCAM) (3rd Award)
* NDSM
* Armed Forces Reserve Medal (AFRM)
* NPDR with Numeral "3"
* ASR
* OSR
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* U.S. Army Gold Recruiter Badge with three Sapphire Achievement Stars

	b.  item 14 the "Recruiter Course, 5 weeks, 1996//Nothing Follows."

8.  The applicant was transferred to the Retired Reserve on 23 February 2000.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, 

clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for:

	a.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Do not enter State awards and decorations.

	b.  item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  It states:

	a.  Paragraph 1-26 (Announcement of awards) for:

		(1)  Decorations and the AGCM.

			(a)  Awards made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders.

			(b)  Awards of decorations and the AGCM made by major Army commands and principal HQDA officials will be announced in permanent orders.

			(c)  Awards of decorations and the AGCM made according to delegated authority will be announced in permanent orders by the commanders authorized to make the awards.

		(2)  Service medals and service ribbons.  Service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria. Orders are not required.

		(3)  Badges.  Orders are not required for basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first 

award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified. By message dated 8 February 2005, the Military Awards Branch, U.S. Army Human Resources Command, provided clarification on award of the Army Good Conduct Medal.  It stated Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the AGCM.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the AGCM begins and the ARCAM ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty

	c.  The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Executive Order 12776 extended award of the NDSM to all members of the ARNG and the USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.  During these periods, service members in the following categories will not be considered eligible for the NDSM:  (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.

	d.  The NPDR was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, ARNG, and USAR Soldiers for successful completion of designated NCO professional development courses.

		(1)  The NPDR 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.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES or RC–NCOES successfully completed as follows:  1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.

			(a)  The Primary level consists of the Primary NCO Course, Combat Arms (PNCOC), Primary Leadership Course (PLC), Primary Technical Courses (Service School—PTC), and WLC (formally called Primary Leadership Development Course (PLDC)) for award of the basic ribbon.

			(b)  The Basic level consists of the Basic NCO Course, Combat Arms (BNCOC), Basic Technical Courses (Service School—BTC), and Basic NCO Course (CS/CSS–BNCOC) for award of numeral 2.

			(c)  The Advanced level consists of the Advanced NCO Courses (Service School—ANCOC) for award of numeral 3.

			(d)  The Senior level consists of the U.S. Army Sergeants Major Academy (USASMA) for award of numeral 4.

		(2)  Special instructions for ARNG and USAR are as follows:

			(a)  The Primary Level consists of the Primary NCO Course, Combat Arms-Reserve Components (PNCOC–RC), and effective 1 October 1985 Warrior Leader Course-Reserve Components (WLC–RC) (formally called Primary Leadership Development Course-Reserve Components (PLDC–RC)).

			(b)  The Basic Level consists of the Basic NCO Course-Reserve Components (CS/CSS BNCOC–RC) through 30 September 1985 (PNCOC–RC and BNCOC–RC combined for CA/CS/CSS).  Effective 1 October 1987 Basic NCO Course/Reserve Components (CA, CS, CSS) as developed and implemented.

	e.  The ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines "peacetime" as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

	f.  The Career Counselor Badge may be authorized for wear by enlisted personnel assigned to authorized duty positions that requires primary military occupational specialty (PMOS) 79S (Career Counselor).  The Career Counselor 

Badge may be authorized by the Commanding Generals of Army General Officer Commands and the Commander, HRC–St. Louis, for wear by enlisted members of the Army Reserve who have successfully completed either the resident or nonresident Reserve Component Recruiting Course and have been designated as a U.S. Army Reserve Reenlistment NCO.  Authorization of the badge as a uniform item will be announced by the Commanding Generals of Army Reserve General Officer Commands or the Commander, HRC–St. Louis, upon recommendation by unit commanders.  Recommendations will be processed through normal command channels.  The badge is authorized for temporary wear only and will be withdrawn when the awardee ceases to be a designated U.S. Army Reserve Reenlistment NCO.

	g.  A basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes, Expert, Sharpshooter, and Marksman.

	h.  Soldiers who attain a minimum score of 270 or above with a minimum of 90 points per event on the Army Physical Fitness Test and meet the body fat standards will be awarded the Physical Fitness Badge for physical fitness excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  Permanent orders are not required for award of the Physical Fitness Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  He requests that additional military education be added to item 14 of his
DD Form 214 for the period ending 18 June 1999.  According to the applicable regulation, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed therein.  Except for the Recruiter Course that is already shown on this DD Form 214 for the period ending 18 June 1999, the additional education courses to which he refers were completed prior to the period covered by this DD Form 214. Therefore, there is no basis for granting this portion of the applicant's request.

3.  The applicant provides two certificates showing he was awarded two awards of the MSM.  However, only the certificate dated 27 August 1999 contains orders data information that shows he was awarded the MSM for the period 19 June 1996 to 18 June 1999 by Permanent Order 239-23, issued by Headquarters, U.S. Army Recruiting Command, Fort Knox, KY.  Additionally, his AMHRR only contains the permanent orders awarding him the MSM awarded on 27 August 1999.  There is no evidence of record and the applicant did not provide sufficient evidence that shows he was awarded the MSM dated 24 September 1987 by permanent orders.  Therefore, his DD Form 214 for the period ending 18 June 1999 should be corrected to show one award of the MSM.

4.  The applicant provides five certificates showing he was awarded five awards of the ARCOM.  However, only the certificates dated 30 June 1993 and 3 June 1995 contain orders data information that shows he was awarded two awards of the ARCOM by Permanent Order 9-14 and 13-15, both issued by Headquarters, 90th USAR Command, San Antonio, TX.  Additionally, his AMHRR contains both permanent orders, but only contains the two corresponding certificates for these ARCOMs.  There is no evidence of record and the applicant did not provide sufficient evidence that shows he was awarded more than two awards of the ARCOM by proper orders.  Therefore, there is an insufficient evidentiary basis for adding any additional ARCOMs to his DD Form 214 for the period ending 
18 June 1999.  Additionally, although his DD Form 214 shows the ARCOM
(4th Award) and only two awards are supported by proper orders, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, no action will be taken to remove any of the ARCOMs from his DD Form 214 for the period ending 18 June 1999.

5.  There is no evidence in the available record and the applicant has not submitted sufficient evidence showing he was awarded or qualified for award of the AGCM (4th Award), NDSM (2nd Award), NPDR with Numeral "4," or the ASUA (2nd Award).  Therefore, there is an insufficient evidentiary basis for adding these awards to his DD Form 214 for the period ending 18 June 1999.

6.  While the Army Career Counselor Badge, Expert Physical Fitness Badge, and the Expert Marksmanship Qualification Badge with Rifle, Pistol and Grenade Bars are shown on the NGB Form 22A that the applicant received for the period ending 2 September 1987, there is no evidence in the available record that shows he qualified for these three badges at the time his DD Form 214 for the period ending 18 June 1999 was prepared and in accordance with the applicable regulation.  Therefore, there is an insufficient evidentiary basis for adding these awards to his DD Form 214 for the period ending 18 June 1999.

7.  Additionally, the ARNG Master Recruiter Badge appears to be a State award that is not listed in Army Regulation 600-8-22.  Therefore, there is no basis for adding this award on his DD Form 214 for the period ending 19 June 1999.

8.  However, the available evidence shows the applicant was awarded the AAM (5th Award), ARCOTR, and the Driver and Mechanic Badge with Driver-W Bar prior to 18 June 1999.  Therefore, his DD Form 214 for the period ending
19 June 1999 should be corrected to show these awards.

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:

	a.  deleting from item 13 of his DD Form 214 for the period ending 18 June 1999 the Army Achievement Medal (3rd Award) and

	b.  adding to item 13 of his DD Form 214 for the period ending 18 June 1999 the:

* Meritorious Service Medal
* Army Achievement Medal (5th Award)
* Army Reserve Component Overseas Training Ribbon
* Expert Field Medical Badge
* Driver and Mechanic Badge with Driver-W Bar

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:

	a.  adding to item 13 of his DD Form 214 for the period ending 18 June 1999 the:

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (5th Award)
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with numeral "4"
* Army Superior Unit Award (2nd Award)
* Army National Guard Master Recruiter Badge
* Army Career Counselor Badge
* Expert Physical Fitness Badge
* Expert Marksmanship Qualification Badge with Rifle, Pistol and Grenade Bars

	b.  adding to item 14 of his DD Form 214 for the period ending 18 June 1999 any additional military education.



      _________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)                                         AR20120009142



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ABCMR Record of Proceedings (cont)                                         AR20120009142



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