IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130012879 


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 previous request to change the narrative reason for his discharge to hardship.  

2.  As new issues, the applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Army Achievement Medal
* Army Volunteer Service Ribbon (known as the Military Outstanding Volunteer Service Medal)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (9mm)

3.  The applicant states:

   a.  He has physical evidence that would prove many things are wrong with his discharge.  He would like to have the reason for separation corrected because he strongly believes based on new evidence of the hardship circumstances of the case that he was not mentally competent at the time of his discharge.  He should have been at the very least ordered to a psychiatric evaluation before being allowed to request a discharge.  He has new evidence that can prove he was not mentally competent during that time after his mother's murder.  



   b.  He also has evidence that he was recommended for the Army Achievement Medal while stationed at Fort Hood, TX, for exceeding standards on a continual basis and achieving higher physical fitness standards, the most in his platoon.  He was awarded the Military Outstanding Volunteer Service Medal for Operations Santa Claus while stationed at Fort Bliss, TX, with the 1st Battalion, 56th Air Defense Artillery, for volunteering to collect and deliver Christmas gifts to poor families in the El Paso area over a continuous period of time.

   c.  He also qualified expert with the M-16A2 and 9mm while stationed at Fort Hood.  However, his record only shows his basic training qualifications during May 1997.  He re-qualified with both the M16A2 and 9mm when he arrived at his permanent duty station at Fort Hood.  He was awarded these awards before his mother was raped and murdered and before the official police report could be given to the Army.  He is submitting a written record of the recommendations.  

   d.  A review of his DD Form 214 will confirm that there are several things not right including his military occupational specialty (MOS).  However, he would only like to get his awards corrected and the reason for his separation changed.

   e.  The Army Discharge Review Board (ADRB) proceedings state he received an Article 15 of which he would like to note he did not ever receive an Article 15.  There is no evidence as such and he would request this be removed from his record.

4.  The applicant provides copies of DD Form 214, driver license, and social security card.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  With respect to the narrative reason for separation: 

	a.  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 AR20100017033 on 3 March 2011.

	b.  The applicant does not meet the two-tiered criteria for reconsideration of this issue in that his request is neither submitted within one year of the original decision nor does it contain any new evidence.  

	c.  Army Regulation 15-185, paragraph 2-15b, governs requests for reconsideration of correction of military records and allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  As a result, the issue of the narrative reason for separation will not be discussed further in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army, in pay grade E-4, on 21 May 1997.  He completed basic combat and advanced individual training and he was awarded MOS 14S (air and missile defense crewmember).

3.  Upon completion of MOS training, he was reassigned to the 4th Battalion, 5th Air Defense Artillery, Fort Hood, TX.  

4.  On 17 March 1998, his unit reported him in an absent without leave (AWOL) status and on 16 April 1998, he was dropped from the Army rolls as a deserter.  He returned to military control on or about 30 April 1998. 

5.  On 30 April 1998, court-martial charges were preferred against the applicant for one specification of being AWOL from 17 March to 30 April 1998.

6.  On 7 May 1998, after consulting with counsel, the applicant requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 10, for the good of the service – in lieu of trail by court-martial.  He acknowledged he understood he could be discharge under other than honorable conditions and the result of the issuance of such a discharge.  He waived his rights and elected not to submit a statement in his own behalf.  He also elected not to undergo a physical evaluation prior to separation. 

7.  On 19 June 1998, the separation authority approved the applicant’s request and directed the issuance of an under other than honorable conditions discharge. On 24 July 1998, he was discharged accordingly. 

8.  His DD Form 214 shows he completed 1 year and 20 days of net active service with 44 days of time lost.  His DD Form 214 also shows his MOS as 11B (Infantryman) and that he was awarded or authorized the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.
9.  Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists all the awards listed on his DD Form 214.

10.  This no evidence he was recommended for, authorized, and/or awarded the Army Achievement Medal during his period of service.  There is also no evidence he qualified expert with the M-16 Rifle or the 9mm Pistol. 

11.  On 29 March 2010, the ADRB upgraded his discharge to a general discharge based on the characterization of service being too harsh, his post-service accomplishments, and the circumstances surrounding his misconduct (situation surrounding mother's death).  The ADRB determined the reason for discharge was both proper and equitable and voted not to change it.

12.  On 31 March 2013, as a result of a decision/recommendation by this Board, he was issued a DD Form 215 (Correction to DD Form 214) correcting the MOS shown on his DD Form 214 from 11B to 14S and showing the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.

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

   a.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal.

   b.  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.

   c.  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/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. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Achievement Medal, there is no evidence in the applicant's service records in the form of permanent orders that show he was awarded the Army Achievement Medal.  The governing Army regulation states that for personal decorations (which include the Army Achievement Medal), formal recommendations, approval through the chain of command, and announcement in orders are required.

2.  With respect to the marksmanship badges, there is no evidence in his records in the form of a memorandum, endorsement, firing record, order, or entry on a form confirming he qualified expert with the M-16 Rifle or the 9mm Pistol. 

3.  With respect to the Military Outstanding Volunteer Service Medal, there is no evidence in his records that confirms he met the criteria for this medal or that he was recommended for it.  Therefore, there is insufficient evidence to show this award on his DD Form 214. 

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.



      _______ _  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)                                         AR20130012879



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ABCMR Record of Proceedings (cont)                                         AR20130012879



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