RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004710


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be amended to add the Overseas Service Ribbon,
the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR),
and the Driver/Mechanic Badge to item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized).  He also requests
that item 14 (Military Education) be amended to add the Construction
Equipment Repairer Course 62B20 and the German Orientation Course.

2.  The applicant states the above entries are missing from his DD Form
214.

3.  The applicant provides a certificate of training for the 62B10
Construction Equipment Repairer Course with an attached listing of academic
subjects/hours; a certificate of training for the Construction Equipment
Repairer Primary Technical Course with an attached listing of academic
subjects/hours; a certificate of training for the Headstart Orientation to
German course; and orders for the Driver Mechanic Badge with Mechanic
Component Bar.

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 Regular Army on 5 January 1982.  He
completed basic training.  He completed advanced individual training in
April 1982 and was awarded military occupational specialty (MOS) 62B
(Construction Equipment Repairer).

3.  The applicant provided a certificate of training to show he completed
the       7-week Construction Equipment Repairer Primary Technical Course
in MOS 62B20 on 9 December 1983.

4.  The applicant arrived in Germany and was assigned to the 88th
Maintenance Company on 27 July 1984.

5.  The applicant provided a certificate of training to show he completed
the       1-week Headstart Orientation to German course on 17 August 1984.

6.  574th Personnel Service Company Permanent Orders 234-17, dated
  13 December 1985, awarded the applicant the Driver Mechanic Badge with
Mechanic Component Bar.

7.  On 4 January 1986, the applicant was released from active duty upon the
completion of his term of service.  Item 13 of his DD Form 214 shows he was
awarded the Expert Marksmanship Qualification Badge (M-16 Rifle), the
Expert Marksmanship Qualification Badge (Hand Grenade), the Army
Achievement Medal, and the Army Service Ribbon.  Item 14 shows he completed
the 7-week Construction Equipment Repairer course in April 1982.

8.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service
Ribbon was established by the Secretary of the Army on 10 April 1981.
Effective 1 August 1981, all members of the Active Army, Army National
Guard, and Army Reserve in an active Reserve status are eligible for the
award for successful completion of overseas tours.

9.  Army Regulation 614-30 (Overseas Service), Table D-1 (Criteria for
overseas tour lengths) states, in pertinent part, that the standard
overseas tour for Germany based on Congressional guidance is 36 months for
an accompanied tour and 24 months for an unaccompanied tour.

10.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment
of date eligible to return from overseas/date of return from overseas
(DROS)) states, in pertinent part, that a Soldier will be credited with a
completed tour and awarded a new DROS if he/she serves less than the normal
prescribed overseas tour, and curtailment is for the convenience of the
Government and through no request from or fault of the Soldier.

11.  Army Regulation 600-8-22 states the NPDR was established by the
Secretary of the Army on 10 April 1981.  It is awarded to members of Active
Army, Army National Guard, and U.S. Army Reserve Soldiers for successful
completion of designated NCO professional development courses.  The NPDR
consists of the basic ribbon with numeral devices of 2, 3, or 4, which
signify satisfactory completion of the respective levels of the NCO
professional development courses.  The Primary level consists of several
courses, including Primary Technical Courses, for award of the basic
ribbon.
12.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  The version in effect at the time stated
that in-service training courses (title, number of weeks, and year
successfully completed) during the period of service would be entered in
item 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not complete a normal (24 or 36 months) tour of duty
in Germany; however, he departed Germany because he had completed his term
of service.  Since curtailment of his tour did not result from his request
or his fault, he met the eligibility criteria for award of the Overseas
Service Ribbon and it should be added to item 13 of his DD From 214.

2.  The applicant provided evidence, which is accepted as sufficient, to
show he completed the 7-week Construction Equipment Repairer Primary
Technical Course in MOS 62B20 in December 1983.  Completion of this course
made him eligible to wear the basic NPDR.  The NPDR should be entered in
item 13 and this course should be entered in item 14 of his DD Form 214.

3.  The applicant was awarded the Driver/Mechanic Badge with Mechanic
Component Bar.  This badge should be added to item 13 of his DD Form 214.

4.  The applicant provided evidence, which is accepted as sufficient, to
show he completed the Headstart Orientation to German course.  This 1-week
course should be added to item 14 of his DD Form 214.

BOARD VOTE:

__wdp___  __wb____  __dll___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that the DD
Form 214 of the individual concerned be corrected by:
     a.  adding the Overseas Service Ribbon and the Noncommissioned Officer
Professional Development Ribbon to item 13; and

     b.  adding the entries, “Construction Equipment Repairer Primary
Technical Course, 7 weeks, (8312)” and “Headstart Orientation to German
Course, 1-week, (8408)” to item 14.




                            __William D. Powers__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004710                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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