BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000061 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000061 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 to amend the decision of the ABCMR set forth in Docket Number AR20120020146, dated 25 June 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. BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160000061 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 the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20120020146 on 25 June 2013. Specifically, he requests: a. Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman); b. Correction of his DD Form 214 to show he was awarded or authorized the: * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Army Reserve Component Achievement Medal (ARCAM) * National Defense Service Medal (NDSM) * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat Infantryman Badge (CIB) c. Correction of his DD Form 214 to show he completed the basic airborne course, the air assault course, and the Ranger qualification course; and d. Correction of his records to show he sustained a traumatic brain injury (TBI) while serving in South Korea. 2. The applicant states: a. The omissions in his record are due to the fact that he is a patriot. He signed a non-disclosure statement in 1986 for 25 years. The information was and is classified; however, he kept quiet for 25 years before he filed his previous application. He did not know how to fill out this form in 2013. He is confident the evidence he is providing will allow for the above changes to his record. b. He continues to present evidence that he served his country honorably during the Cold War. He is now a disabled American veteran, still fighting for a higher rate through the Department of Veterans Affairs (VA); nevertheless, he is still a disabled veteran. c. He is asking for what he earned. He served on the Korean Demilitarized Zone (DMZ) from 1985-1986, a fact now recognized by his Korea Defense Service Medal. His story on the DMZ, like that of many of his brothers, has been lost to history. He saved himself and another Soldier, causing a lifelong TBI. He fought the demons of post-traumatic stress disorder (PTSD) in a war he swore never happened, and yet, he is here, not asking for glory, but for those things he earned. d. Several of the awards he is requesting are due to his continuing side effects of the TBI he first suffered on the DMZ, which was later operated on by the U.S. Army in Colorado in 1986. As a result of his honorable separation, he enlisted in the Washington Army National Guard (WAARNG) in 1988. He can prove that his head trauma resulted in missed exercises, and thus, being found absent without leave and dismissed under less than honorable conditions. He believes that if he could have truthfully divulged his situation to the WAARNG, he would not have been discharged and thus would have been eligible for the ARCAM. Additionally, because of the date of Operation Desert Storm, he would have been qualified for the NDSM as a member of the ARNG during that time of war. These are small things, but to a disabled veteran who is struggling to make his record correct, this recognition would mean a great deal. 3. The applicant provides: * six pages of service medical records * a picture of himself in an Army Class A uniform * a self-authored letter, dated 19 September 2013, addressed to the U.S. Army Human Resources Command (HRC) requesting the CIB * two letters from the Awards and Decorations Branch, HRC, dated 7 and 18 October 2013 * a letter from The Adjutant General (TAG) of the WAARNG, dated 23 January 2014 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120020146 on 25 June 2013. 2. The applicant provided documentation that was not available to the Board during the adjudication of his previous case. These documents are considered new evidence that warrants consideration by the Board. 3. In his previous application, the applicant made the following contentions: * he received the ARCOM for being the "Top Gun" for a marksmanship competition in 1985 * he received the AAM for Team Spirit 1985/1986 * he assumed his entire service on the DMZ in South Korea had gone unrecognized * he was wounded (concussion injury) by a grenade explosion near the DMZ * he completed the Republic of Korea (ROK) military jump school and ROK Ranger school; he remembers being able to wear the badge that was similar to the Combat Action Badge * his DD Form 214 does not reflect his Expert Marksmanship Qualification Badge with Rifle Bar * he went through air assault training * he had brain surgery while in the Army * he completed the Primary Leadership Development Course (PLDC); his DD Form 214 should reflect that he is authorized the NCOPDR * after his Regular Army (RA) service, he enlisted in the ARNG; the NDSM was awarded to all ARNG units 4. The applicant enlisted in the RA on 9 January 1985. Upon completion of his initial entry training, he was awarded MOS 19E (Armor Crewman). 5. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the ROK from 14 May 1985 to 16 May 1986. 6. A review of the applicant's available records failed to reveal orders or any other evidence that indicates he was awarded the ARCOM, AAM, Expert Marksmanship Qualification Badge with Rifle Bar, or CIB. His records are void of orders or any other evidence that indicates: * he was awarded MOS 11M * he attended PLDC or was authorized the NCOPDR * he completed additional Army training courses; specifically, the basic airborne course, air assault course, or the Ranger qualification course * he sustained a TBI 7. The applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) on 8 January 1988. His DD Form 214, as amended by two DD Forms 215 (Correction to DD Form 214), shows he was awarded or authorized the: * Army Good Conduct Medal * Korea Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar 8. The applicant enlisted in the WAARNG on 20 January 1988 and was discharged from the WAARNG on 18 January 1990. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was separated and transferred to the USAR Control Group (Reinforcement), due to unsatisfactory participation, and his service was characterized as under honorable conditions (general). 9. The applicant was honorably discharged from the USAR on 25 January 1994. There is no evidence that shows he performed any type of active service as a member of a troop program unit (TPU) or as an individual mobilization augmentee (IMA) during his period assignment to the USAR. 10. The applicant provided: a. Six pages of service medical records that show on or around 24 September 1986, he was diagnosed with an exercise induced vascular headache. b. A self-authored letter, dated 19 September 2013, addressed to HRC, wherein he requested award of the CIB. c. Two letters from the Awards and Decorations Branch, HRC, denying his request for the CIB based on the fact that he did not possess an infantry MOS. He was also advised to apply to the ABCMR. d. A letter from The Adjutant General of the WAARNG, dated 23 January 2014, which shows he requested an upgrade of his general discharge from the WAARNG. This letter also shows he was advised to apply to the ABCMR. REFERENCES: 1. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. This regulation provides that the ABCMR will decide cases on the evidence of record; it is not an investigative body. It further 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides the: a. ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR TPU or IMA. Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years. This change is not retroactive. d. 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 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. e. NCOPDR 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. f. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. g. The 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. 3. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It instructed the preparer to enter in: a. Block 11 (Primary Specialty Number, Title and Years and Months in Specialty), list the codes and titles of all MOSs served in for at least 1 year, with the number of years and months served. For time determination, 16 days or more count as a month. Time spent in basic training and advanced individual training are not counted. b. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in this regulation. c. Block 14 (Military Education), 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. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he held MOS 11M. His records are void of evidence that shows he held MOS 11M. 2. The applicant requests correction of his DD Form 214 to show numerous awards: a. The applicant's record is void of orders or other evidence that shows he was awarded or authorized the ARCOM, AAM, or the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). b. The applicant's record is void of orders or an award memorandum that shows he was awarded the ARCAM. Additionally, there is no evidence that confirms he performed 4 years of qualifying service in an active status with either an ARNG or USAR unit. c. The applicant served in the RA from 9 January 1985 to 8 January 1988 and was a member of the WAARNG from 20 January 1988 to 18 January 1990. Both of these periods of service are outside of the eligibility period for award of the NDSM. Additionally, there is no evidence that indicates he performed any type of qualifying active service for award of the NDSM while he was a member of the USAR. d. The applicant's record is void of evidence that shows he completed a qualifying NCO professional development course, such as PLDC, for award of the NCOPDR. e. The applicant's record is void of evidence that shows he was awarded the CIB. Additionally, there is no evidence that indicates he held an infantry MOS. 3. The applicant requests correction of his DD Form 214 to show he completed the basic airborne course, the air assault course, and the Ranger qualification course. His available records failed to reveal orders or any other evidence that indicates he completed these courses. 4. The applicant requests correction of his records to show he sustained a TBI while serving in the ROK. Neither his available records nor the evidence he provided substantiate his contention that he suffered a TBI or PTSD. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000061 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000061 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2