IN THE CASE OF:	    

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140007097 


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 submitted two applications for correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), ending on 11 May 2001 and on 10 September 2004.  For clarity, each DD Form 214 will be considered in separate Record of Proceedings.  In this application:

	a.  he requests reconsideration of his earlier request for correction of his      DD Form 214, ending on 11 May 2001, item 12a (Date Entered Active Duty This Period) to show he entered Active Duty For Special Work (ADSW) before 15 August 2000; and

	b.  as a new issue, he requests correction of his DD Form 214, also ending on 11 May 2001 (and the previous DD Form 215 (Correction to DD Form 214) to: 

* show his date of rank (DOR) to captain (CPT) as 18 April 2000 vice 18 April 2001
* add the Additional Skill Identifier (ASI) of 2B to item 11 (Primary Specialty)
* add award of the Army Service Ribbon, Armed Forces Expeditionary Medal, and Armed Forces Reserve Medal with "M" Device
* add his service in Bosnia in support of Operation Joint Forge

2.  The applicant states:

* in the previous consideration, the Board erroneously listed his DOR as 18 April 2001 in what appears to be a typographical error 
* he was previously issued two DD Forms 215 (Correction to DD Form 214) and may need a new DD Form 214
* he served in Bosnia in support of Operation Joint Forge but the entry is not shown on his DD Form 214
* he entered ADSW before the call up on 15 August 2000 and this time may be counted in item 12a
* he was issued orders awarding him ASI 2B for completion of Air Assault school in 1991

3.  The applicant provides:

* Army Board for Correction of Military Records (ABCMR) Docket Number AR20130012490, dated 18 February 2014
* ABCMR Docket Number AR2002068237, dated 28 February 2002
* ABCMR Docket Number AR20120016127, dated 21 March 2013
* DD Form 214, ending on 11 May 2001
* DD Form 215, dated 29 May 2001 and 13 March 2014
* DA Form 2-1 (Personnel Qualification Record)
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement)
* NGB Special Orders (SO) Number 289 AR, dated 18 October 2002
* Memorandum of Promotion as a Reserve Commissioned Officer of the Army and supporting documents
* Certificate and orders showing the Meritorious Service Medal
* Three certificates and orders showing the Army Commendation Medal
* Four certificates and orders showing the Army Achievement Medal
* DA Form 638 (Recommendation for Award) for the Military Outstanding Volunteer Service Medal
* Multiple awards memoranda/request and/or certificates of training for the:

* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal (1st Award)
* Armed Forces Reserve Medal (1st Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Overseas Service Ribbon (2nd Award)
* Armed Forces Service Medal (Bosnia)
* Humanitarian Service Medal
* Driver/Mechanic Badge
* Two awards of the North Atlantic Treaty Organization (NATO) Medal
* Air Assault Badge with a certificate and a DA Form 1059 (Service School Academic Evaluation Report)
* Safety Officer/NCO Course
* Award of Area of Concentration (AOC) 11A (Infantry) with ASI 2B
* Orders 108-21 (amendment), 224-102 (active duty), 130-181 (ADSW), 115-147 (annual training), and 079-07 (release from active duty) 

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 AR20130012490, dated 18 February 2014. 

2.  The applicant provides the documents shown above and a new argument.  This is considered new evidence and warrants consideration by the Board.

3.  With respect to correcting item 12a to show he entered active duty before 15 August 2000: 

	a.  Paragraph 2-15a of Army Regulation 15-185 (ABCMR) governs requests for reconsideration and allows an applicant to request reconsideration of an earlier decision of the ABCMR if the request is received within 1 year of the original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.

	b.  The staff of the ABCMR reviewed the current request for reconsideration, examined the original ABCMR decision, and reviewed the evidence which is submitted in support of his application.  From that review, we determined that, although his request was received within 1 year of the ABCMR's original decision, he did not provide new evidence and/or argument with this request.  As a result, this issue will not be discussed further in the Record of Proceedings. 

4.  The applicant's records show following his enlisted service in the ARNG from 28 December 1988 to 30 July 1991, he was appointed as a Reserve commissioned officer of the Oklahoma ARNG (OKARNG) on 31 July 1993. 

5.  He served in a variety of assignments in the OKARNG and he was promoted to first lieutenant (1LT) on 30 July 1996.  

6.  He was ordered to active duty on 15 August 2000 in support of Operation Joint Forge.  He subsequently served in Bosnia from 9 September 2000 to 27 March 2001.  He was honorably released from active in the rank of 1LT on 11 May 2001.  His DD Form 214 shows in:
* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade), 1LT and O-2
* Item 11, 11A Infantry, 7 years and 9 months
* Item 12h (Effective date of Pay Grade), 30 July 1996
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the: 

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal 
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* NCO Professional Development Ribbon 
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* NATO Medal
* Armed Forces Reserve Medal with "M" Device

* Items 18 (Remarks), in pertinent part, "Individual completed period for which ordered to active duty for purpose of post service benefits and entitlements//Ordered to Active Duty in Support of Operation Joint Forge, in accordance with Title 10, U.S. Code, section 673-B//Service in Bosnia From 20000909-20010327"

7.  On 29 May 2001, he was issued a DD Form 215 which amended his DD Form 214, ending on 11 May 2001 by amending:

* item 12d (Total Prior Active Service) to show 10 months and 3 days
* item 12e (Total Prior Inactive Service) to show 10 years, 10 months, and
5 days

8.  He was promoted to CPT on 19 July 2001.  Accordingly, the NGB published SO Number 197, extending him Federal recognition for promotion to CPT effective 19 July 2001.  

9.  On 28 February 2002, following his petition (ABCMR Docket Number AR2002068237, dated 10 April 2000), the Board granted him relief and recommended his effective date and DOR to CPT be amended from 19 July 2001 to 18 April 2000 under the Reserve Officer Personnel Management Act.

10.  On 10 October 2002, the NGB published SO Number 289 AR amending his Federal recognition order for promotion to CPT to show his effective date as
18 April 2000. 

11.  On 18 February 2014, following his petition (ABCMR Docket Number AR20130012490, dated 18 February 2014), the Board granted him relief and recommended his DD Form 214, ending on 11 May 2001, be corrected to show his rank as CPT and his effective date as 18 April 2000.  However, the "Board Determination/Recommendation" portion of the Record of Proceedings erroneously stated "delete the entry (effective date of pay grade) "1996-07-30" and add the entry "2001-04-18."  

12.  As a result, on 13 March 2014, he was issued a second DD Form 215 (pertaining to this DD Form 214) that:

* amended his rank/grade from 1LT/O-2 and added CPT/O-3
* amended his effective date of pay grade from “1996-07-30” to            "2001-04-18"

13.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  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: 

   a.  Item 11, from the Officer Record Brief, enter the titles of all AOC served for at least 1 year and include for each AOC the number of years and months served.  For commissioned officers, also specify the AOC consisting of 2 numerical digits and 1 letter.

	b.  Item 13, enter awards and decorations for all periods of service.

	c.  Item 18, For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession: (1) Ordered to active duty in support of (Operation Name), per Title 10, U.S. Code, applicable section; (2) Service in (Name of County Deployed), from (inclusive dates); and (3) Soldier completed or not completed period for which ordered to active duty for purpose of post service benefits and entitlements. 

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

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

	b.  The Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training. 

	c.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was extended Federal recognition for promotion to CPT with an effective date and DOR of 18 April 2000.  It appears the previous Record of Proceedings and resultant DD Form 215 inadvertently listed this date as 18 April 2001.  

2.  He served a qualifying period of service for award of the Army Service Ribbon and the Armed Forces Reserve Medal with "M" Device; however, the awards are already shown on his DD Form 214, ending on 11 May 2011.  No further correction is required.

3.  He was awarded the Armed Forces Expeditionary Medal.  This award also is listed on his DD Form 214.  Additionally, his dates of service in Bosnia are already reflected in item 18 of his DD Form 214.  No further correction is required. 

4.  With respect to his ASI 2B, the regulation provides for an entry for the title of the AOC consisting of 2 numerical digits and 1 letter.  There is no requirement to enter an ASI.  However, there is no harm to the Army or the Soldier if the ASI is added to the primary specialty.  Therefore, items 11 of his DD Form 214 should be corrected to show his ASI. 

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decisions in Docket Number AR20130012490, dated 18 February 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  issuing the applicant a corrected Record of Proceedings (ABCMR Docket Number AR20130012490) reflecting 2001-04-18 as the correct effective DOR to CPT in the Discussions and Conclusions (paragraph 1) and in the Board Determination/Recommendation (paragraph 1a(3)); and

   b.  issuing him a new 11 May 2001 DD Form 214 that shows in:

* items 4a and 4b, CPT and O-3
* item 11, 11A2B in lieu of 11A
* item 12h, 2000-04-18
* incorporating all the changes currently reflected in his DD Forms 215
dated 29 May 2001 and 13 March 2013



      ___________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)                                         AR20140007097



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ABCMR Record of Proceedings (cont)                                         AR20140007097



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