PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 June  2003                   
	DOCKET NUMBER:   AR2002082736

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

| Mr. Carl W. S. Chun | | Director
| Mr. Edmund P. Mercanti | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond V. O'Connor, Jr. | | Chairperson
| Mr. John P. Infante | | Member
| Ms. Eloise C. Prendergast | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of portions of his previous request to the Board which were not granted.  He also requests that item 23b, Related Civilian Occupation and D.O.T. Number, be corrected from Chemical Engineer, to General Engineer; he requests that he be awarded six Overseas Service Ribbons (OSR); he requests that he be awarded the Army Service Ribbon (ASR); and he requests that he be awarded the Armed Forces Expeditionary Medal (AFEM).

3.  The applicant states he was an ammunition and maintenance officer, and was never associated with any chemicals whatsoever.  As for the awards, he successfully completed his initial entry training as an enlisted man and, therefore, is entitled to the ASR; he successfully completed six overseas tours, which entitles him to six OSR’s; and he served in Iran from May 1958 to April 1959, which entitles him to the AFEM.

4.  The Board originally considered a number of the applicant’s requests (AR1999028140) on 15 June 2000.  At that time the Board approved some of the applicant’s requests, and denied his other requests.  

5.  Army Regulation 15-185, sets forth the procedures for processing requests to correct military records.  Paragraph 2-15b provides specific guidance to be applied in cases involving requests for reconsideration that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.

6.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned to the applicant without action.

7.  Army Regulation 611-101, shows that Specialty Number 4515, Ammunition and Missile Maintenance Officer, has Dictionary of Occupational Titles (DOT) code 007.081, Mechanical Engineer, listed as a related civilian occupation.  

8.  Army Regulation 600-8-22 states that the OSR and the ASR were created on 1 August 1981.  While these awards may be made retroactively, the retroactive 

award may only be accomplished if the soldier had an active Army status on or after 1 August 1981.

9.  The AFEM is awarded if certain criteria is met for service in various geographical areas during specified times.  In 1958 and 1959, the AFEM was only authorized for those soldiers who served in Lebanon and Taiwan Straits.

CONCLUSIONS:

1.  More than 1 year has elapsed since the original consideration of the applicant’s case and the staff of the Board has determined that the current application does not contain evidence that meets the criteria to have the Board reconsider his requests.  Accordingly, those portions of his current request which were previously considered and denied by the Board have not been reconsidered.  

2.  The applicant is not entitled to either the OSR or the ASR since he was retired well prior to the date those awards were created on 1 August 1981.  

3.  The applicant is not entitled to the AFEM since Iran is not designated as a geographical location authorized this award in 1958 or 1959.

4.  However, Army Regulation 611-101, shows that Specialty Number 4515, Ammunition and Missile Maintenance Officer, has DOT code 007.081, Mechanical Engineer, listed as a related civilian occupation.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the separation document of the individual concerned, item 23b, from reading Chemical Engineer, 008.081, to Mechanical Engineer, 007.081.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___jpi___  ____elp__  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID | AR2002082736
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20030612
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.00
2. |
3. |
4. |
5. |
6. |