RECORD OF PROCEEDINGS


	IN THE CASE OF:    	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070010958 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of his second Army Achievement Medal, overseas deployment to Turkey and the Federal Republic of Germany, training and service time in military occupational specialty (MOS) 31K1O, and the effective date for his pay grade.

2.  The applicant states, in effect, that these errors occurred at the time of his discharge.  He further states that he was harassed and suffered from a major depressive disorder. 

3.  The applicant provides copies of his DD Forms 214, orders and certificate for award of his second Army Achievement Medal.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the Board’s careful and sympathetic consideration of the evidence.

2.  Counsel states that the applicant served on active duty from 27 May 1987 to 25 July 1988.

3.  Counsel provides no additional supporting documentation.

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.  On 30 August 1983, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 31K1O (Tactical Wire Operations Specialist) on 16 January 1984.
3.  On 28 January 1984, the applicant was assigned for duty as a tactical wire operations specialist with the 3rd Battalion, 69th Armored Regiment, in the Federal Republic of Germany (FRG). 

4.  On 1 March 1985, the applicant was promoted to specialist four, pay 
grade E-4.

5.  On 22 July 1985, the applicant returned to the United States after serving in the FRG for 1 year, 5 months, and 25 days.

6.  On 1 July 1986, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained specialist four, pay grade E-4, and had completed 2 years, 10 months, and 2 days of creditable active service.  His service was characterized as honorable.

7.  The applicant’s DD Form 214, effective 1 July 1986, shows his rank as specialist four with an effective date of 1 March 1985; his MOS as 31K1O for 
2 years and 6 months; and his foreign service as 1 year, 5 months, and 25 days. It also shows that he was awarded the Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

8.  On 27 May 1987, the applicant again enlisted in the Regular Army, beginning in the rank of specialist four.  His date of rank was adjusted to 27 January 1986, with an effective date for pay as 27 May 1987.

9.  On 31 July 1987, the applicant completed advanced individual training and was awarded MOS 62B1O (Construction Equipment Repairer).

10.  On 5 August 1987, the applicant was assigned for duty as a construction equipment repairer to Fort Stewart, Georgia.

11.  Permanent Orders Number 11-2, 24th Infantry Division, Fort Stewart, Georgia, dated 20 November 1987, as amended by Permanent Orders Number 8-2, dated 10 February 1988, awarded the applicant the Army Achievement Medal, First Oak Leaf Cluster, for outstanding achievement during the period from 24 September to 20 October 1987.



12.  On 25 July 1988, the applicant was discharged due to a personality disorder. His rank was specialist four, pay grade E-4, and he had completed 1 year, 
1 month, and 29 days of creditable active service during this enlistment.  His service was characterized as honorable.

13.  The applicant’s DD Form 214, effective 25 July 1988, shows his rank as specialist four with an effective date of 27 May 1987; his MOS’s as 62B1O for 
1 year, and 31K1O for 1 year and 2 months; his foreign service as none; his awards as the Army Service Ribbon, Army Achievement Medal, Army Good Conduct Medal, Overseas Service Ribbon, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.  It does not show his second Army Achievement Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant enlisted in the Regular Army on 30 August 1983; that he held MOS 31K1O for 2 years and 
6 months during his first term of service; and had served in the FRG for 1 year, 
5 months, and 25 days.  

2.  Records show that the applicant was awarded an Army Achievement Medal during his first enlistment.  Permanent orders show that the applicant was awarded another Army Achievement Medal during his second term of enlistment. Therefore, his DD Form 214, effective 25 July 1988, should show that he is entitled to an Oak Leaf Cluster to be affixed to his Army Achievement Medal.

3.  The applicant entered active duty a second time on 27 May 1987.  He was given an adjusted date of rank for specialist four as 27 January 1986, however, his effective date for pay remained 27 May 1987.  Therefore, the applicant’s request to change his DD Form 214 regarding his effective date for pay should be denied.  

4.  The applicant was retrained during his second enlistment and awarded MOS 63B1O.  He also maintained his original MOS of 31K1O.  He served a period of 
1 year, 1 month, and 29 days during this term of service.  His DD Form 214 shows that he held MOS 31K1O for 1 year and 2 months during this time.  There does not appear to be any error.  Therefore, the applicant’s request to change his DD Form 214 with regard to his MOS should be denied.




5.  Records clearly show that the applicant served in the FRG during his first term of enlistment for a period of 1 year, 5 months, and 25 days.  There is no available evidence showing that he served any overseas duty during his second enlistment, or that he had been assigned to Turkey at any time.  Therefore, the applicant’s request to change his DD Forms 214 regarding overseas service should be denied. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ MKP___  __SVW__  _JCR ___  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 by showing, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster to be affixed to his already awarded Army Achievement Medal.

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 his foreign service, military occupational specialty, and effective date of pay grade.




__ Margaret K. Patterson __
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.