IN THE CASE OF:	  

		BOARD DATE:	       18 September 2008

		DOCKET NUMBER:  AR20080011320 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the issuance of a DD Form 215 (Correction to DD Form 214 to correct items 11 (Primary Specialty Number, Title and Years and Months in Specialty), 12f (Foreign Service), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), 14 (Military Education), and 29 (Dates of Time Lost During This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he never received a DD Form 215 as reflected in item 18 (Remarks) on his DD Form 214.  He contends that all of his records were in Germany.

3.  The applicant provides a copy of his 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 enlisted on 14 March 1984, served as a unit supply specialist, and equipment records and parts specialist, and was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 16 November 1989.  

3.  Item 11 on the applicant’s DD Form 214 shows the entry, “76Y3OG5 Unit Supply Specialist, (period unknown)//76C2O Equipment Records and Parts Specialist, (period unknown)// - NOTHING FOLLOWS.”  Item 12f on his DD Form 214 shows the entry, “unk unk unk.”  Item 13 on his DD Form 214 shows the entry, “Army Service Ribbon//Army Lapel Button//Others unknown//NOTHING FOLLOWS.”  Item 14 on his DD Form 214 shows the entry, “Unknown//
NOTHING FOLLOWS.”  Item 18 on his DD Form 214 shows the entry, “Separated from the service on temporary records and Soldier’s affidavit//Items 11, 12f, 13, 14, and 29:  DD Form 215 will be issued to provide missing information.”  Item 29 on his DD Form 214 shows the entry, “Unknown.”   

4.  Orders, dated 1 June 1986, show the applicant was awarded primary military occupational specialty (MOS) 76C2O (equipment records and parts specialist) effective 1 June 1986.  

5.  A Service School Academic Evaluation Report, dated 26 September 1986, shows the applicant completed the Unit Supply Specialist Basic Technical (MOS 76Y3O) course on 26 September 1986.    

6.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 17 February 1986 through 12 February 1987 (a total of 11 months and 25 days) and he served in Germany from 1 July 1988 through 30 June 1990 (a total of 2 years).       

7.  Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 shows he was awarded four awards of the Army Achievement Medal, the Army Service Ribbon, two awards of the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, and the Army Commendation Medal. 

8.  Item 17 (Civilian Education and Military Schools) on the applicant’s DA Form 2-1 shows he completed the 9-week Equipment Records and Parts Specialist (MOS 76C) course in 1984; the 37-week Unit Supply Special (Primary) Technical (MOS 76Y2O) in December 1985; the 4-week Primary Leadership Development 

Course in 1986; the 20-week Unit Supply Specialist Basic Technical (MOS 
76Y3O) in 1986; the 1-week Organizational Supply Course in 1986; and the 
3-week TACCS/SAMS Course in 1988.

9.  There is no evidence of record which shows the applicant had any lost time.  Item 21 on his DA Form 2-1 is blank.

10.  Headquarters, 2d Infantry Division Permanent Orders 48-189, dated 6 March 1987, show the applicant received the first award of the Good Conduct Medal for the period 14 March 1984 to 13 March 1987.

11.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 	(2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for    30 consecutive or for 60 nonconsecutive days, or meet certain other criteria.  

DISCUSSION AND CONCLUSIONS:

1.  The 26 September 1986 Service School Academic Evaluation Report which shows the applicant completed the Unit Supply Specialist Basic Technical (MOS 76Y30) course on 26 September 1986 is accepted as sufficient evidence on which to amend item 11 on his DD Form 214 to show he served in this MOS for 
3 years and 2 months.    

2.  The 1 June 1986 orders which show the applicant was awarded primary MOS 76C2O effective 1 June 1986 are accepted as sufficient evidence on which to amend item 11 on his DD Form 214 to show he served in this MOS for 3 years and 5 months.  

3.  The entries in item 5 on the applicant’s DA Form 2-1 which shows he served in Korea and Germany are accepted as sufficient evidence on which to amend item 12f on his DD Form 214 to show he served a total of 2 years, 11 months, and 25 days of foreign service.

4.  The entries in item 9 on the applicant’s DA Form 2-1 which show he is eligible for four awards Army Achievement Medal, two awards of the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, and the Army Commendation Medal are accepted as sufficient evidence on which to amend item 13 on his DD Form 214 to show these awards. In addition, orders show the applicant received the Good Conduct Medal and he met the eligibility criteria for award of the Korea Defense Service Medal; therefore, these medals should also be shown in item 13 on his DD Form 214.   
  
5.  The entries in item 17 on the applicant’s DA Form 2-1 which show he completed the 9-week Equipment Records and Parts Specialist (MOS 76C) course in 1984; the 37-week Unit Supply Special (Primary) Technical (MOS 76Y2O) in December 1985; the 4-week Primary Leadership Development Course in 1986; the 20-week Unit Supply Specialist Basic Technical (MOS 76Y3O) in 
1986; the 1-week Organizational Supply Course in 1986; and the 3-week TACCS/SAMS Course in 1988 are accepted as sufficient evidence on which to amend item 14 on his DD Form 214.

6.  There is no evidence of record which shows the applicant had any lost time.  The entry in item 21 on his DA Form 2-1 is blank.  Therefore, item 29 on his DD Form 214 should be corrected to show the entry, “None.”

BOARD VOTE:

___xx___  ___xx___  ___xx___  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: 

	a.  deleting the entries in items 11, 12f, 13, 14, and 29 on his DD Form 214;     
	b.  adding the entry, “76Y3OG5 Unit Supply Specialist, 3 years, 2 months //76C2O Equipment Records and Parts Specialist, 3 years, 5 months// - NOTHING FOLLOWS.” in item 11 on his DD Form 214;  

	c.  adding the entry, “02 11 25” in item 12f on his DD Form 214;

	d.  adding four awards Army Achievement Medal, two awards of the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Commendation Medal, the Good Conduct Medal, and the Korea Defense Service Medal  to item 13 on his DD Form 214;

	e.  adding the entries, “Equipment Records and Parts Specialist Course, 
9 weeks, 1984; Unit Supply Special (Primary) Technical (MOS 76Y2O), 
37 weeks, December 1985; Primary Leadership Development Course, 4 weeks, 1986; Unit Supply Specialist Basic Technical (MOS 76Y3O), 20 weeks, 1986;  Organizational Supply Course, 1 week, 1986; and TACCS/SAMS Course, 
3 weeks, in 1988 in item 14 on his DD Form 214; and 

	f.  adding the entry, “None” in item 29 on his DD Form 214.




      ________xxxx__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011320



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ABCMR Record of Proceedings (cont)                                         AR20080011320



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