BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017835 


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 records to show:

* his rank/grade as sergeant (SGT)/E-5 versus specialist (SPC)/E-4
* his military occupational specialty (MOS) as 11B2O (Infantryman),        skill level 2, versus 63B1O (Wheeled Vehicle Mechanic), skill level 1
* he was awarded the Purple Heart and authorized the Valorous Unit Award
* unspecified California Army National Guard (CAARNG) awards 

2.  The applicant states, in effect, the information was omitted and the awards and promotion he was promised were never honored.  

3.  The applicant provides:

* DA Form 4856 (Developmental Counseling Statement), dated 15 April 2007
* Permanent Orders Number 292-02, dated 19 October 2007
* Memorandum for Record, dated 10 August 2008
* Army/Army Continuing Education (ACE) Registry Transcript, dated 
16 August 2009

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 Regular Army on 16 March 1988 and was discharged on 13 August 1991.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he held the rank/grade of private (PV2)/E-2 and MOS 63B1O at the time of his discharge.  Additionally, his DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

3.  He enlisted in the CAARNG on 8 March 2002 in the rank/grade of PV2/E-2.

4.  He was promoted to the rank/grade of private first class (PFC)/E-3, via automatic advancement, on 8 May 2002.  He was promoted to the rank/grade of SPC/E-4 on 8 November 2002.  These promotion documents list his unit of assignment as Headquarters and Headquarters Company (HHC), 1st Battalion, 184th Infantry Regiment.

5.  He was mobilized as a member of his unit in support of Operation Iraqi Freedom and he entered active duty on 16 August 2004.  He deployed to Kuwait and Iraq from 28 January 2005 through 12 January 2006.  He was honorably released from active duty and returned to the control of the CAARNG, specifically, HHC, 1st Battalion, 184th Infantry Regiment, on 24 January 2006.  

6.  His DD Form 214 and subsequently issued DD Form 215 (Correction to      DD Form 214) show he was awarded the Purple Heart; however, neither shows he was authorized the Valorous Unit Award.

7.  He provided a DA Form 4856, dated 15 April 2007.  This counseling statement informed him that his unit was scheduled to transform no later than     1 October 2006 (sic) and the unit's drill location would change and require a longer commute from his home of record (70 miles).  His commander informed him that, based on the CAARNG's transformation plan, he could transfer with his unit to its new location; transfer to a new unit and duty position (11B2O), which could require reclassification (he selected this option); or retire and transfer to the Retired Reserve, if qualified.  On this form, his rank is identified as SPC.

8.  It appears he was reassigned from HHC to Company D, 1st Battalion, 184th Infantry Regiment; however, his reassignment orders are not available for review.

9.  Permanent Orders Number 295-1037, issued by the CAARNG on 
22 October 2007, reduced him in rank/grade from SPC/E-4 to PFC/E-3 for inefficiency, effective 20 October 2007.  These orders show his unit of assignment as Company D, 1st Battalion, 184th Infantry Regiment.

10.  Permanent Orders Number 39-1286, issued by the CAARNG on 8 February 2008, reduced him in rank/grade from PFC/E-3 to PV2/E-2 for inefficiency effective 1 December 2007.  These orders show his unit of assignment as Company D, 1st Battalion, 184th Infantry Regiment.

11.  Permanent Orders Number 070-17, issued by the U.S. Army Human Resources Command (HRC) on 10 March 2008, awarded HHC, 1st Battalion, 184th Infantry Regiment, the Valorous Unit Award for the period 15 January 2005 through 14 January 2006.  Additionally, his record contains a memorandum for record, dated 10 August 2008, which indicates he was a member of this unit during the cited award period and was/is authorized to wear this unit award.  

12.  His record does not contain any indication he served in any units other than HHC or Company D, 1st Battalion, 184th Infantry Regiment, during the period of his service in the CAARNG.  

13.  His record does not contain any evidence or official orders showing he was promoted to the rank/grade SGT/E-5 or reclassified to or awarded MOS 11B2O.

14.  His record does not contain and he has not provided any evidence or orders that show he was awarded any State awards as a member of the CAARNG.

15.  Permanent Orders Number 260-1083, issued by the CAARNG on               16 September 2008, honorably discharged him from the ARNG effective             18 August 2008.  These orders show his unit of assignment as Company D, 1st Battalion, 184th Infantry Regiment and his rank/grade as PV2/E-2.

16.  His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and a subsequently issued NGB 22A (Correction to NGB Form 22), which shows he was honorably discharged from the CAARNG on 18 August 2008.  This form also shows:

* his rank/grade as PV2/E-2
* his MOS as 63B1O
* he was awarded or authorized the:
* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Iraq Campaign Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge

* his NGB 22 does not list any State awards

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty (emphasis added), providing a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.  

18.  The promotion and MOS reclassification of enlisted Soldiers of the ARNG, during inactive periods of service not covered by a DD Form 214, and correction of the NGB Form 22, are functions of the State.  There is no evidence the applicant applied to The Adjutant General of the CAARNG and/or the NGB and was denied the corrective action he now seeks.

19.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates states in section II, paragraph 2-5, states that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he was promoted to the rank/grade of SGT/E-5, held MOS 11B2O, and was awarded or authorized the Purple Heart, Valorous Unit Award, and other CAARNG awards, was carefully considered. 

2.  His record contains a DD Form 214 and subsequently issued DD Form 215 that shows he was awarded the Purple Heart.  Since this award is now properly reflected in his record, there is no basis to further correct his record with respect to the Purple Heart.
3.  Permanent orders awarded his unit the Valorous Unit Award during the period in which he and his unit were mobilized.  This unit award is not shown on his   DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending 24 January 2006 to add it.  

4.  There is no evidence of record and the applicant has failed to provide evidence that shows he was promoted to the rank/grade of SGT/E-5, or that shows he held MOS 11B2O at any time including the period covered by his     DD Form 214 for the period ending 24 January 2006.  As such, there is not a sufficient basis for correcting his DD Form 214 to change his rank/grade or MOS. 

5.  He indicated that, after his period of active duty ending on 24 January 2006, he was promised promotion to SGT and award of MOS 11B2O in addition to certain State awards.  However, his record contains no evidence and he provides no evidence that shows he was promised promotion to, or promoted to, the rank/grade of SGT/E-5, promised reclassification to, or was reclassified to, MOS 11B2O, or was awarded any unspecified CAARNG awards during the remainder of his CAARNG service following his release from active duty.  

6.  Regardless, such changes would affect his NGB Form 22, not his DD Form 214, since the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and does not reflect awards, promotions, or information related to a period of inactive service.  

7.  The promotion and MOS reclassification of enlisted Soldiers of the ARNG, during inactive periods of service not covered by a DD Form 214, and correction of the NGB Form 22, are functions of the State.  There is no evidence the applicant applied to The Adjutant General of the CAARNG and/or the NGB and was denied the correction action he now seeks.  Therefore, there is not a sufficient basis for correcting his NGB Form 22 at this time.

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 correcting his DD Form 214 for the period ending on 24 January 2006 to add the Valorous Unit Award.

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 correcting his DD Form 214, for the period ending on 24 January 2006, to change his rank/grade to SGT/E-5, show his MOS as 11B2O, or add CAARNG awards.  




      _________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)                                         AR20140017835





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