RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 December 2004
DOCKET NUMBER: AR2004106997
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Ms. Maribeth Love | |Member |
| |Mr. Ronald J. Weaver | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the Career Counselor Badge be added to his
DD Form 214.
2. The applicant states, in effect, that he was eligible to wear the
Career Counselor Badge.
3. The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 30 June 1989 and a copy
of his DA Form 2-1 (Personnel Qualification Record).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 30 June 1989. The application submitted in this case is
dated 10 April 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Regular Army on 25 April 1968. In 1974,
he completed the 5-week Army Recruiter Course. He performed duties as a
Field Recruiter (military occupational specialty (MOS) 00E) from 22 March
1974 through 25 September 1975 (with a short break in the middle of that
period to attend the course). He performed duties as a Career
Counselor/Senior Army Career Counselor (MOS OOE/79D) from 26 October 1976
through 10 June 1981. He was reassigned and performed duties as a club
manager on 11 June 1981.
4. The applicant was released from active duty on 30 June 1989 for the
purpose of retirement. At that time, he was performing duties as the
Sergeant Major, Community and Family Activities. His DD Form 214 for the
period ending 30 June 1989 does not list the Career Counselor
Badge.
5. Army Regulation 672-5-1 (Military Awards), dated 3 June 1974, stated
that the Career Counselor Badge could be authorized for wear by enlisted
personnel assigned to authorized duty positions which required MOS code
OOE, including personnel assigned to the U. S. Army Recruiting Command.
The badge was authorized for temporary wear only and would be withdrawn
when the awardee was reassigned or ceased to perform the required duties of
MOS code OOE satisfactorily.
6. The badge was still authorized for temporary wear only with the version
of Army Regulation 672-5-1 in effect at the time of the applicant's
retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant would have been authorized to wear the Career Counselor
Badge during the period of time he performed duties as an OOE. However, it
was authorized for temporary wear only. Once he was reassigned out of OOE
duties, he was no longer authorized to wear the badge. Since he was not
authorized the badge at the time of his retirement, the badge was not
authorized for entry on his DD Form 214.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1989; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 June 1992. However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ym____ __ml____ __rjw___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
___Yolanda Maldonado__
CHAIRPERSON
INDEX
|CASE ID |AR2004106997 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041216 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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