IN THE CASE OF: BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150003780 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, a. an upgrade of his Army National Guard uncharacterized discharge to an honorable discharge (HD); and b. correction of his Army National Guard records to show completion of Basic Combat Training (BCT) and that he earned the Missouri National Guard Basic Training Ribbon, Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Bayonet and Grenade Bars, and the National Defense Service Medal (NDSM). 2. The applicant states, in effect: a. he enlisted in the Missouri Army National Guard (MOARNG) as an 09S (Commissioned Officer Candidate) and successfully completed BCT in December 2005; b. prior to shipping to Phase I of MOARNG Officer Candidate School, he injured his ankle during a physical fitness training test and was sent home to see a doctor; c. he was allowed to drill during his rehabilitation and was offered military occupational specialty (MOS) training in a 6-month course that he could not afford given the difference in pay in his full-time job and the pay he would receive as an E-4; d. his recruiter and commander presented him an opportunity to MOS qualify through the Civilian Acquired Skills Program (CASP); however, it was later determined he could only enlist for that option; e. he was told he could be discharged, enlist for the CASP option, reenlist for MOS 25L, and be back by the next drill; f. he continued to drill until he was discharged in April 2008, having served 2 years and 8 months; g. he was told on numerous occasions he would receive an HD and if he knew he was going to receive an uncharacterized discharge, he would have accepted an MOS that required a shorter training period and continued his service in the Army National Guard (ARNG); h. during his enlistment he was able to drill, be a part of unit activities, provide services in MOS 25B, serve on a MK-19 Team, complete his Master of Business Administration in January 2008, complete Army eLearning training leadership courses, German and Spanish languages, Solaris Unix Operating System, and Microsoft SharePoint training; and i. after his discharge, he worked for months to submit his reenlistment paperwork but eventually switched jobs and moved to Oklahoma in November 2008. 3. The applicant provides: * two self-authored statements * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) * BCT Graduate Diploma * Official Academic Transcript from University of Phoenix * 17 Army ELearning Certificates of Completion * NBG Form 23B (ARNG Retirement Points History Statement) * Digital Training Management System (DTMS) Printout * MOARNG Letter dated 29 May 2014 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 MOARNG on 15 August 2005 for a period of 8 years. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he successfully completed 9 weeks of BCT in 2005. He received his BCT diploma on 2 December 2005. 3. The applicant’s official military personnel file (OMPF) contains an automated DA Form 5286-R (Individual Training Record). It shows he obtained a score of "GO" for the bayonet assault course on 18 October 2005, with the M-16 rifle on 7 November 2005, and the hand grenade on 16 November 2005. This document does not list the specific score the applicant obtained with any of these weapons. 4. The applicant’s OMPF does not contain any documents to show he was ever awarded or recommended for receipt of any awards. It also does not contain any orders or other documents showing any qualifications in arms. 5. His OMPF is void of a separation packet containing the specific facts and circumstances surrounding his separation processing. However, it does include an NGB Form 22 that shows he was discharged from the MOARNG and as a Reserve of the Army on 14 April 2008, under the provisions of paragraph 8-35d(4), National Guard Regulation (NGR) 600-200, for failure to attend initial entry training (phase 1 or phase II) within 24 months. It shows in: a. item 12 (Military Education) – the entry "NONE"; b. item 13 (Primary Specialty Number, Title and Date Awarded) – the entry "NA"; and c. item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded) – the entry "NONE." 6. The applicant provides a copy of his BCT certificate and thirteen Army eLearning certificates that show he completed the following computer based training programs: * Solaris 9 (Systems Operation – 3 hours, Installation and Open Boots – 5 hours, System Administration – 8 hours, Device and File System Management – 4 hours)Management Tools – 3 hours, and Security – 4 hours) * Rosetta Stone Spanish (Spain) Unit 1 – 4 hours * Rosetta Stone German (Units 1 – 7 (4 hours each)) * Self-Empowerment – 3 hours * SharePoint (Fundamentals – 2 hours and Deploying – 3 hours) 7. Prior to applying to the ABCMR, the applicant sought relief from the MOARNG. The Director, Manpower and Personnel for the MOARNG in a letter dated 29 May 2014 denied the applicant relief. a. At the time of the applicant’s separation from the MOARNG, the applicant was still in an entry level status. NGR 600-200 (Enlisted Personnel Management) paragraph 8-35d(4) provides for the separation or discharge of Soldiers from the ARNG and/or Reserve of the Army for failure to attend IET (phase I or II) within 24 months of initial enlistment. Separation under this provision requires an uncharacterized discharge. b. The Army Service Ribbon is awarded upon successful completion of an MOS producing course. Unfortunately, the applicant did not complete an MOS producing course. c. The NDSM is not awarded to members of the ARNG or USAR who are serving on short tours of duty to fulfill training obligations under an inactive duty training program. The reference is Army Regulation 600-8-22 (Military Awards). d. The Missouri Basic Training Ribbon is awarded after successful completion of active duty BCT. The applicant did not attend an MOS producing course. The reference is MOARNG Regulation 600-8-22. 8. National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the policies, criteria, and procedures that apply to procuring and retaining enlisted personnel, establishing and mainlining personnel records, and actions involving personnel management from date of procurement to date of separation or discharge. Table 8-2 provide for the preparation of the NGB Form 22 and it states to enter all military courses of 40 hours/5 days or more in duration recorded in a DA Form 2-1 (Personnel Qualification Record) in item 15. 9. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. a. Paragraph 2-10 provides guidance for award of the NDSM. It states that members of the ARNG and USAR on short tours of duty to fulfil training obligations under an inactive duty training program are not eligible for the NDSM. b. Paragraph 5-5 contains guidance on the ASR. Effective 1 August 1981, it was awarded to members of the Active Army, ARNG, and USAR in an active Reserve status for successful completion of initial entry training. c. Paragraph 8-47 states a qualification badge is 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. 10. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the uncharacterized discharge he received on 14 April 2008 should be upgraded to an HD. While the applicant’s OMPF is void of the specific facts and circumstances surrounding his discharge, it does contain an NGB Form 22 that identifies the reason and characterization of the applicant's service. This document confirms the applicant was discharged under the provisions of paragraph 8-35d(4), NGR 600-200, for failure to attend IET (phase I or phase II) within 24 months of enlistment; thus his service was uncharacterized. 2. Absent evidence to the contrary, it is concluded that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. As a result, there is an insufficient evidentiary basis to support an upgrade of his uncharacterized discharge from the MOARNG. In his own personal statement he gave numerous reasons as to why he could not complete his MOS training. Thus, by his own admission he knew the requirements yet for personal reasons he did not attend the required MOS training. 3. The evidence of record confirms the applicant failed to fulfill his training obligation under an inactive duty training program and as a result he did not complete or even attend an MOS producing school. As he did not complete training, he did not satisfy the regulatory requirement necessary for award of the Army Service Ribbon, National Defense Service Ribbon, or the Missouri Basic Training Ribbon. Accordingly, there is no basis to add these awards to his NGB Form 22. 4. While the evidence of record shows the applicant earned a "GO" score with the bayonet, hand grenade, and M-16 rifle, there is no evidence to the show the specific qualifications (marksman, sharpshooter or expert). Accordingly, the necessary information needed to correct this portion of the applicant’s separation document is unavailable. 5. All Soldiers are required to attend BCT. As such, there is no need or basis for entering BCT on a separation document. His BCT diploma is a sufficient record of this training. 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) AR20150003780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003780 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1