RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  16 October 2007
	DOCKET NUMBER:  AR20070006146 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. James Anderholm

Member

Mr. Joe Schroeder

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, in effect, correction of item 11 (Primary Specialty), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 7 January 1997, to show his special qualification identifier (SQI) of "L" (linguist) and "P" (parachutist).  He also requests that the Good Conduct Medal and the Overseas Service Ribbon be added to his DD Form 214.

2.  The applicant states, in effect, that the appropriate documents are located in his DA Form 201 File (Military Personnel Records Jacket) to support his contentions.  He also asks how could he have gone to several courses listed in his records, completed over 4 years of active service, served overseas for more than 1 year, and not been awarded the respective SQIs, the Good Conduct Medal, and the Overseas Service Ribbon?  He was never subjected to UCMJ (Uniform Code of Military Justice) actions.

3.  The applicant provides a copy of his DD Form 214 in support of his request. 

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's record shows he enlisted in the Regular Army on 10 July 1992, with prior Army National Guard service.  He successfully completed basic combat training and advanced individual training at Fort Leonard Wood, Missouri. On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 12B, Combat Engineer.  He was advanced to pay grade E-3 effective 7 March 1993.




3.  Item 17 (Civilian Education and Military Schools), of his DA Form 2-1 (Personnel Qualification Record-Part ll), shows he was awarded 12 credits in 1992 for DLPT (Defense Language Proficiency Test).

4.  On 25 March 1993, orders were published awarding the applicant the PMOS (Primary MOS) of "12B1L00QB" and withdrawing his PMOS of "12B1O" effective 4 November 1992.

5.  The applicant was awarded the Parachutist Badge on 6 August 1993.  This badge is shown on his DD Form 214.  

6.  On 30 July 1993, orders were published awarding the applicant the PMOS of "12B1P" and withdrawing his PMOS of "12B1O" effective 6 August 1993.

7.  The applicant was advanced to pay grade E-4 effective 8 June 1994.  On 23 November 1994, he took another DPLT.  He was found qualified in Spanish by achieving a proficiency listening rating of "2.6" and reading comprehension level of "2.0." 

8.  The applicant was promoted to sergeant (SGT/E-5) with an effective date of 2 February 1996 and was awarded the PMOS of 12B2O.

9. The applicant served until he was honorably discharged on 7 January 1997, under the provisions of Army Regulation 635-40, paragraph 4-24b(3), and 1st PERSCOM (Personnel Command) MSG (message) 251817Z Nov 1996, disability with severance pay.  He completed 4 years, 5 months, and 28 days net active service this period. 

10.  Item 11, of his DD Form 214, issued on 7 January 1997, shows the entry "12B2O."

11.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he was scheduled to serve in Europe-Germany from 8 March 1995 to 7 March 1998, for a total of 36 months; however, his DD Form 214 shows that he was separated at the Schweinfurt, Transition Center, in Germany, on 7 January 1997.  His overseas tour in Germany equated only to 1 year and 10 months.  

12.  Item 12f (Foreign Service), of his DD Form 214, shows that he completed 1 year and 10 months of foreign service.

13.  The applicant’s DD Form 214 shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Parachutist Badge, the Air Assault Badge, and the Driver Badge with Wheel Bar. His DD Form 214 does not show any additional awards.

14.  Item 9, of his DA Form 2-1, does not show the Good Conduct Medal or the Overseas Service Ribbon as authorized awards.

15.  There are no orders in the available records to show that he was awarded the Good Conduct Medal.

16.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial or that his commanders took action to deny him award of the Army Good Conduct Medal.

17.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the PMOS and all additional military occupational specialties (MOS) served in, for a period of one year or more, during the Soldier’s continuous active military service, will be entered in item 11 (Primary Specialty).  For each MOS, list the title with the years and months served.  For an enlisted Soldier, specify the first five characters of the PMOS code, which indicates the 3 characters of the MOS, fourth character of skill and grade level in the MOS, and the fifth character of an SQI, if applicable.  Enter "O" when not applicable.

18.  Army Regulation 611-201 (Enlisted Career Management and MOS’s) shows that the Special Qualification Identifier, [which is shown as a suffix to the MOS number] "L" indicates "Linguist" and can be used in conjunction with any MOS requiring language proficiency.  The SQI of "P" identifies positions that require assignment of qualified parachutist.  The appropriate 2-digit language identification will be used to identify the specific language in the 8th and 9th character of its MOS code.  Similarly, the language identification codes will be used to identify qualified linguists who have been awarded any SQI other than "L."

19.  Army Regulation 611-6 (Army Linguist Management) sets policy and procedures for establishing Army linguist requirements and for identifying, testing, reporting, evaluating, reevaluating , training, and assigning Army linguist Army personnel.  Paragraph 3-21 pertains to award of a language identification code (LIC).  It states that all individuals who enter the Army with a language capability (other than English) or who obtains a language skill while on active duty, regardless of proficiency, are awarded the appropriate LIC.  Once awarded, the LIC is not removed from an individual record.  The LIC is maintained as a permanent entry to identify Soldiers who qualify or have qualified in a foreign language.  Paragraph 3-22 pertains to award and withdrawl of SQI "L."  It states that the SQI "L" is awarded by local PSCs (Personnel Service Centers) to all enlisted personnel who obtain a minimum proficiency level of 2 in listening and in either speaking or reading.  The language "Spanish" has a corresponding LIC of "QB."

20.  Army Regulation 600-200, in effect at the time, governed the enlisted classification and qualification functions of the enlisted military personnel system. Paragraph 2-33 pertained to general provisions of the SQI.  It stated, in pertinent part, that the SQI of "P" took precedence over the SQI of "L."  When a prior awarded SQI was removed from the PMOS due to award of an SQI with a higher recording precedence, the lower precedence SQI would be recorded in the 5th position of the SMOS (secondary MOS).  The Soldier must be fully qualified for the SQI.  

21.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified

22.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the PMOS of 12B and attained pay grade E-5.  



2.  The evidence of record shows he was qualified in Spanish and was awarded the SQI of "L" and an LIC of "QB."  He was later awarded the SQI of "P" which took precedence over his SQI of "L."  At the time of his discharge, his DD Form 214 was prepared to only show his PMOS of "12B2O."  

3.  According to regulatory authority, the applicant is entitled to correction of item 11, of his DD Form 214, to show the entry "12B2P" instead of the entry "12B2O" currently shown on his DD Form 214.  There is no evidence the applicant possessed a secondary MOS and based on the precedence of order of his SQIs, he is entitled to have only one SQI shown in conjunction with his PMOS.  Therefore, he is not entitled to correction of item 11, of his DD Form 214, to show the SQI of "L" he was also awarded.

4.  The applicant contends that the Good Conduct Medal should be added to his DD Form 214.  There are no orders in the applicant's service personnel records and the applicant has provided none awarding him the Good Conduct Medal.  

5.  Review of the applicant's service personnel records revealed no evidence that would disqualify him from award of the Good Conduct Medal.  There are no entries in his qualification record to indicate he was disqualified from this award 
by any of his commanders.  In the absence of any evidence disqualifying him from this award, the applicant is entitled to award of the Good Conduct Medal for the period 10 July 1992 through 9 July 1995 and to have this award added to his DD Form 214.

6.  The evidence of record shows the applicant served overseas from 8 March 1995 to 7 January 1997.  Although the applicant did not complete the normal overseas tour length, the evidence shows he was discharged for disability reasons from a combat-related injury.  Therefore, based on equity considerations, he is entitled to award of the Overseas Service Ribbon and to have this award shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JRS _  __A_____  __SLP __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: 
	
a.  by showing the entry "12B2P" in item 11 (Primary Specialty), of his DD Form 214, issued on 7 January 1997;

b.  awarding the applicant the Good Conduct Medal, for the period 10 July 1992 to 9 July 1995; and the Oversea Service Ribbon, and adding these awards to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 11 (Primary Specialty), of his DD Form 214, to show the entry "12B2L" for the sole purpose of showing he possessed an SQI of "L."




______Shirley L. Powell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070006146
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071016
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19970107
DISCHARGE AUTHORITY
AR 635-40-para 4-24b(3)
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.