RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070017926 


	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.


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	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, that the entries in Item 11 (Primary Specialty) and Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 31 October 1996 Separation Document (DD Form 214) be corrected.    

2.  The applicant states, in effect, that the entry pertaining to military occupational specialty (MOS) 62N contained in Item 11 should show he served in that MOS for 9 years and 9 months, and not for 19 years and 9 months, as is currently listed.  He also states that he received a third award of the Meritorious Service Medal (MSM), and is entitled to the Korean Defense Service Medal (KDSM), which are not reflected in Item 13 of his DD Form 214.   

3.  The applicant provides the following documents in support of his application:  MSM Certificate, dated 16 November 1996; National Personnel Records Center (NPRC) Letters, dated 5 August 2004 and 2 November 2007; and DD Form 214. 

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 that he served on active duty for 20 years and 20 days between 5 October 1976 and 31 October 1996, at which time he was honorably released from active duty (REFRAD) for retirement, in the rank of sergeant first class (SFC).

3.  The applicant's record contains an Academic Evaluation Report (AER) that confirms he completed the Petroleum Supply Specialist course on 2 July 1986, and Enlisted Evaluation Reports (EERs) that confirm he served in MOS 77F (Petroleum Supply Specialist) from that point through the date of his retirement.  
It also contains EERs that show that prior to that date he was serving in an MOS 67N progression MOS.  
4.  An EER on file in the applicant's record that covers the period July 1986 through June 1987, confirms he was serving in Korea during this period.  

5.  Item 13 of the DD Form 214 issued to the applicant upon his retirement on 
31 October 1976, shows he earned the following awards during his active duty tenure:  MSM (2nd Award); Army Commendation Medal (ARCOM); Army Achievement Medal (6th Award); Army Good Conduct Medal (6th Award); National Defense Service Medal; Noncommissioned Officer Professional Development Ribbon with Numeral 3; Army Service Ribbon; Overseas Service Ribbon (4th Award); Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars; and Driver and Mechanic Badge with Driver-W Bar.  The applicant authenticated this document with his signature on 31 October 1996.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 11 state, in pertinent part, to enter titles of all MOSs served for at least 1 year and include for each MOS the number of years and months served.  The instructions for Item 13 state, in pertinent part, to list awards and decorations for all periods of service.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-20 contains guidance on the KDSM.  It states, in pertinent part, that it is authorized for members who serve in Korea for 30 consecutive days or 60 non-consecutive days during the period from 28 July 1954 to a date to be determined by the Secretary of Defense. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry in Item 11 of his 31 October 1996 
DD Form 214 should show he served in MOS 67N for 9 years and 9 months instead of 19 years and 9 months was carefully considered and found to have merit.  The applicant's record contains AERs and EERs that confirm the period the applicant claims to have served in MOS 67N.  Therefore, it would be appropriate to correct Item 11 accordingly.

2.  The applicant's record contains an EER that confirms he served in Korea from July 1986 to June 1987.  Therefore, he is entitled to the KDSM and it would be appropriate to add it to his record and separation document at this time.  


3.  The applicant's DD Form 214 confirms that on the date of his REFRAD for retirement, which was 31 October 1996, he was entitled to 2 awards of the MSM. The MSM certificate he now provides shows that his retirement MSM was not approved and issued until 16 November 1996, after the DD Form 214 was prepared and issued.  Therefore, it would be appropriate to correct the MSM entry in Item 13 of the DD Form 214 to show his entitlement to the 3rd Award of the MSM.  

BOARD VOTE:

__x  _  __x___  __x__  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 all Department of the Army records of the individual concerned be corrected by amending his 31 October 1996 DD Form 214 as follows:

	a.  Item 11 - amend the 67N portion of the entry by showing he served in the MOS for "9 years and 9 months" instead of 19 years and 9 months, as is currently entered;

	b.  Item 13 - amend the Meritorious Service Medal portion of the entry to show his entitlement to the (3rd Award) instead of the (2nd Award) as is currently entered and add the Korea Defense Service Medal; and 

	c.  by providing him a correction to his separation document that reflects these changes.




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          		CHAIRPERSON