ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 April 2020 DOCKET NUMBER: AR20190011431 APPLICANT REQUESTS: reconsideration of correcting his records to show he received a direct commission to the rank/grade of Second Lieutenant (2LT)/O-1. APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: * self-authored letter in lieu of DD Form 149 (Application for Correction of Military Record) * letter from Army Board for Correction of Military Records (ABCMR) * college transcripts * Bachelor's Certificate * Department of Health Certification * Certification of employment with Fire Department of Puerto Rico * Authenticity of the Certificate of Inspection * Fire Prevention Inspector I completion certificate * notice of rating * Certificate of Excellence * Primary Leadership Development Course (PLDC) completion * PLDC DA Form 1059 (Service School Evaluation Report) * Firefighter I and II completion * Airport Fire Fighter Certification * Hazardous Materials Awareness Certificate * Hazardous Materials Operations Certificate * Fire Fighter I Certificate * Fire Fighter II Certificate * Firefighter 1, 2 and 3, reclassification DA Forms 1059 * Public Tele-communicator I/II Certificate * Unit Manning Report (UMR) * Department of Defense (DoD) Fire and Emergency Services Certification Program * letter of support * a manuscript entitled "A Patient with Both Methemoglobinemia and G6PD Deficiency: A Therapeutic Conundrum" * letter of support FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20180016782 on 4 April 2019. 2. The applicant states: a. In the year of 1990, when he was studying for his bachelor's degree, he felt the desire to be part of the US Army as an officer. He took the class of military science in the US Army Reserve Officer Training Corps (ROTC) from 21 January 1990 through 19 May 1990. Due to economic reasons in his family, he was forced to quit the Army ROTC and work during the days and study at night. He obtained his bachelor's degree in Business Administration in June 1994, but the dream of becoming an officer of the Armed Forces were always present in his life. b. In 1992, a year before marrying, he was admitted in the Firefighter Academy of Puerto Rico. He occupied the position of Fire Prevention Inspector I until 30 April 2000 when he quit his job and entered the Federal System as a DoD Firefighter/Hazardous Material Technician with a score of 100 percent. He entered the Puerto Army National Guard on 28 August 1998. He participated in the Language Center where he received a leadership award on 9 April 1999 from his commander and first sergeant. Because of his efforts, hard work, dedication, and leadership, the unit sent him to PLDC, which he completed on 14 December 1999. At that time he entered the Civilian Acquired Skill Program (CASP). c. Since the Firefighter Academy of Puerto Rico is not accredited by the DoD, he had to take other courses. He also went to Kansas Fire Academy in 2002 and acquired Firefighter I and II, Airport Firefighter, Hazardous Materials Awareness, and Hazardous Material Operation. On his tour to Iraq, he obtained the courses of Public Tele- Communicator I and II on 20 April 2004. d. He passed two firefighter academies to improve as a leader, professional, and to protect the fellow Soldiers he supervised, and protect lives and properties. All these studies were carried out because of his desire and yearnings to become an officer at some point in his military career. He had countless training related to his job as a firefighter. He understands he can't prove he went to Officer Candidate School (OCS) or the Officer Basic Course (OBC), but in the new documents he provided to the Board as evidence, he enclosed the UMR dated 21 November 2003, where he was in the second position of the table to be promoted as 2LT. The 2LT position was available once the person in the position was separated from the Army. For that reason, he received the direct commission to occupy the position of 2LT as soon as possible. e. As his wife indicated in her application on his behalf, because of the mobilization to Iraq, he decided to wait for the promotion and prepare the unit physically and in advanced tactics according to Army regulations. He prepared the unit with the most specialized tactics and thank God all the crew returned home alive. He prepared the standard operating procedure of Camp Cook Fire Department, and made sure the other closest fire departments could use the same equipment and assist them in case of any emergency. He didn't assist OCS or OBC, but he functioned as a 2LT the first day his unit was activated to Iraq. f. Another 2LT was assigned to his unit in Iraq, but since he didn't have any knowledge, training or qualifications in Firefighter Operations, he had to perform all the work, administrative, and operational in the unit. He included a website printout showing the 2LT did not have any qualifications as a firefighter. According to Army For honor to his homeland, his fellow Soldiers, and his unit he left his dream and goals in second place because the mission is always first. g. It was extremely sad for him to receive the decision his requested promotion was denied. He gave everything for the liberty and democracy of the Unites States of America. He only asks for the opportunity to achieve his dream, which he's fought for for so long. He was separated permanently in 2008 for medical discharge, but he never imagined that all that was happening to him was more serious and worse than he thought. He's had years of emotional and physical recovery. In 2008, the doctors found his blood was contaminated with heavy metals. He uses oxygen 24 hours a day 7 days a week since his blood cannot transport oxygenation to all the organs of his body. He included the report from the National Institute of Health (NIH) published on 1 May 2017 for the Board's consideration, which scientifically explains how he is living. He also included a letter from another Soldier prepared on 12 August 2019 who witnessed all that happened in the combat zone. h. For those reasons, the applicant thinks he deserves a reconsideration of his promotion to 2LT. He understands the Board has the authority to promote him, but if he needs to contact someone or follow any steps he's willing to do it. He appreciates the Board for reviewing his case. 3. The applicant's service records contain the following documents for the Board's consideration: a. A DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows: * the applicant was a firefighter * he was a Staff Sergeant (SSG) * he was transferred to the US Army Reserve (USAR) Control Group (Retired) * he was released from active duty on 16 March 2005 because of a disability, temporary b. An NGB Form 22 (Report of Separation and Record of Service), which shows: * the applicant was a firefighter * his military education included firefighter 1, 2, and 3 and PLDC * he was a SSG * he was discharged from the National Guard on 17 March 2005 * he was transferred to USAR Control Group (Retired) * he was placed on the Temporary Disability Retired List 4. The applicant provided the following documents for the Board's consideration: a. A letter from the ABCMR, dated 6 June 2019, which states his ABCMR case 20180016782 was denied by the Board. b. A transcript from American University of Puerto Rico dated 30 August 2018, which shows he attended the Military Science class. c. A certificate from American University of Puerto Rico, which shows the applicant received a Bachelor in Business Administration on 9 June 1994. d. A Certification from Commonwealth of Puerto Rico Department of Health certify the applicant completed all requirements at the Committe [sic] of Emergency Medical technician on 14 October 1996. e. Two letters from the Fire Department of Puerto Rico, dated 9 April 2003 and 14 April 2003, respectively, certifying the applicant was a regular employee from 16 September 1992 until 30 April 2000 when he resigned. f. A notice of rating, dated 15 March 2000 showing the applicant was rated as a General Schedule 8 and scored a 100 percent. g. A leadership award from the Puerto Rico Army National Guard, dated 9 April 1999. h. A certificate of completion and DA Form 1059 for his completion of PLDC, dated 14 December 1999. i. The following certificates of completion: * DoD Fire Fighter I and II, dated 23 September 2003 * DoD Airport Fire Fighter, dated 23 September 2003 * DoD Hazardous Materials Awareness, dated 1 November 2002 * DoD Hazardous Materials Operations, dated 1 November 2002 * University of Kansas Fire Fighter I, dated 21 November 2002 * University of Kansas Fire Fighter II, dated 9 December 2002 * University of Kansas Airport Fire Fighter, dated 19 December 2002 * DoD Public Telecommunicator I/II, dated 20 April 2004 j. Three DA Forms 1059, which show completion of: * Firefighter I Reclass, dated 22 November 2002 * Firefighter 2 Reclass, dated 10 December 2002 * Firefighter 3, Reclass, dated 20 December 2002 k. A UMR, dated 21 November 2003, which shows the individual in the First Lieutenant Fire Marshall slot was separated and the applicant was in the Staff Sergeant Fire Inspector slot. l. A printout from the DoD Fire and Emergency Services Certification Program showing the certifications certificates the applicant received. m. An undated letter from a retired firefighter in support of the applicant, which states: (1) He's known the applicant for many years. They worked together at For Buchanan as civilian firefighters and also served in Iraq with the applicant. (2) When the applicant joined the work force at Fort Buchanan and when they entered Iraq, he was in an excellent state of health. Once in Iraq the author of the letter was in charge to authorize burn pit permission to the military, Iraqi civilians, and US civilians. The orders came the forward operating base (FOB) commander. (3) Once orders were given by them, several items were to be burned to include acid equipment and benzene. He saw the applicant return after working the burn pit with black marks on both legs. Everything that did not grow had to be burned, so the enemy could not utilize it against them. The author was the link between the FOB mayor and the burn pit authorization. He was also the group inspector of the burn pits, so he respects and understands the health condition of the applicant. There was also oil well smoke drifting in the wind. They all inhaled smoke from oil wells, burn pits, and mortar rounds. (4) They also encountered used tanks and track tanks that were used by the Iraqi Soldiers. They were hit by depleted uranium. He has pictures of the track tank vehicles. The change of the wind spread everything all over the troops. n. A printout which details what a patient with both Methemoglobinemia and G6PD Deficiency goes through. o. A letter from a retired Staff Sergeant, dated 12 August 2019, which states the applicant met the qualification and was interviewed for a unit officer position in the grade of 2LT and to command the firefighter units while deployed to Iraq. The applicant had a college degree and military qualifications. 5. The applicant's previous ABCMR case AR20180016782 is available for the Board's consideration. 6. See applicable references below. BOARD DISCUSSION: After reviewing the application, supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted the applicant was never commissioned, attended one semester of ROTC, and did not attend the Officer Basic Course. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s rank or an amendment to the previous Boards’ decision. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20180016782 on 4 April 2019. 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. REFERENCES: 1. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 2. Army Regulation (AR) 350-51 (United States Army Officer Candidate School (OCS)) states all applicants must: * be a U.S. citizen * have completed at least 90 semester hours of from an accredited college or university * have a General Technical Aptitude test (GT) score of 110 or higher on the Armed Services Aptitude Battery (ASVAB) * pass the Army Physical Fitness Test (APFT) and meet the height and weight standards * have a secret security clearance * achieve a score of 80 or higher on the English Comprehension Level Test/American Language Course Placement Test (ALCPT) if the applicant’s primary language is other than English * be at least 18 but less than 30 years of age at the time of enrollment 3. The intent of the ARNG Direct Commissioning Program is to offer an alternate commissioning source to exceptionally qualified individuals. The ARNG Direct Commissioning Program is not intended to replace or adversely affect OCS or other commissioning programs. An individual will not request a direct appointment; rather, an individual must be nominated and selected for consideration by the chain of command. Initial approval authority for all direct commissions is the National Guard Bureau (NGB). The State Adjutant General has authority to deny a request prior to NGB consideration. The Federal Recognition Board has final authority. ABCMR Record of Proceedings (cont) AR20190011431 6