IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080011389 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show the Meritorious Service Medal (MSM), the Army Commendation Medal (ARCOM), his military occupational specialty (MOS) as 11B4X, and the Additional Skill Identifier (ASI) of "H" on his MOS of 91B.

2.  The applicant states that the National Personnel records Center does not have his ARCOM, MSM, or ASI.

3.  The applicant provides:

	a.  His DD Form 214 with an effective date of 27 May 1982.

	b.  Orders 055-32, Headquarters, US Army 89th Regional Support Command, Wichita, KS, dated 24 February 1998, transferring the applicant to the Retired Reserve.

	c.  Memorandum, Department of the Army Leadership Academy, 95th Division, Oklahoma City, OK, dated 20 May 1991, awarding the applicant the Drill Sergeant Identification Badge.

	d.  Orders 014-027, Headquarters, 95th Division, Oklahoma City, OK, dated 27 February 1994, in effect, changing his secondary MOS (SMOS) from 91Q4O to 12B4O effective 27 February 1994.

	e.  Orders 025-001, Headquarters, 95th Division, Oklahoma City, OK, dated 30 May 1991, awarding the SQI "X" effective 1 June 1991.

	f.  DA Form 638-1 (Recommendation for Award) showing he was awarded the MSM by Permanent Order Number 6-10, Headquarters, 95th Division, dated 2 June 1994.

	g.  MSM Certificate.

	h.  Permanent Order 50-2, Headquarters, Fort Leonard Wood, MO, dated 22 July 1982, awarding the ARCOM.

	i.  ARCOM Certificate.

	j.  Four DA Forms 1059 (Service School Academic Evaluation Reports).

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 US Army Reserve Delayed Entry Program (DEP) for 6 years on 7 September 1971.  On 19 December 1971, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 20 December 1971 for training in Army Career Group 12 (Combat Engineering).

3.  The applicant attained the rank of staff sergeant (SSG/E-6) and held MOS 12B3O (Pioneer Engineer).  On 27 May 1982, he was honorably separated and transferred to the US Army Reserve (USAR).  His DD Form 214 shows he was awarded the Good Conduct Medal (3rd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4.  Permanent Order 50-2, Headquarters, Fort Leonard Wood, MO, dated 22 July 1982, awarded the applicant the Army Commendation Medal for meritorious service as a Tester, Test Branch, Quality Assurance Division, Directorate of Plans, Training, and Security, US Army Engineer Training Center, Fort Leonard Wood, MO for the period 26 September 1979 to 27 May 1982.

5.  The applicant served in the USAR from 28 May 1982 until 24 February 1998 when he voluntarily transferred to the Retired Reserve.  During this period, all of the MOS actions relating to the applicant's request were concluded.  Additionally, the Meritorious Service Medal was awarded the applicant in July 1994 as a retirement award.

6.  The Army MOS code (MOSC) consists of seven characters and provides more defined information than a Soldier's MOS.  It is used in automated management systems and reports, in active and Reserve records, reports, authorization documents, and other personnel management systems.  The elements of the MOSC are as follows:

	a.  First three characters:  The MOS – the first two characters are always a number, the third character is always a letter.  The two-digit number is usually (but not always) synonymous with the Career Management Field (CMF).  For example, CMF 11 covers infantry, so MOS 11B is an "Infantryman".  Among the letters, "Z" is always reserved for a "Senior Sergeant" (E-8), so 11Z is an "Infantry Senior Sergeant".

	b.  The fourth character:  Skill level – a number representing a skill level commensurate with rank and grade.  0 (zero) is used to identify personnel undergoing training for award of a primary MOS (PMOS); 1 identifies a Private (PVT) through Specialist (SPC) or Corporal (CPL); 2 identifies a Sergeant (SGT); 3 identifies a Staff Sergeant (SSG); 4 identifies a Sergeant First Class (SFC); and 5 identifies a Master Sergeant (MSG), First Sergeant (1SG), Sergeant Major (SGM) or Command Sergeant Major (CSM).

	c.  The fifth character:  Special Qualification identifier (SQI) – a letter representing a special qualification.  It may be associated with any MOS unless otherwise specified. Soldiers without any special SQI are assigned the SQI "O" (oscar), often confused as a zero.

	d.  The sixth and seventh characters:  Additional Skill Identifier (ASI) – these are alphanumeric combination and may only be associated with specified MOSs, although in practice some ASIs are available to every MOS (e.g. ASI P5 for "master fitness trainer").  Soldiers without any ASIs are assigned the default ASI "00" (zero-zero).

7.  Army Regulation 635-200 (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 [emphasis added].   It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Meritorious Service Medal, the Army Commendation Medal, MOS 11B4X, and the MOS of 91B4H be added to his DD Form 214.

2.  The applicant's Army Commendation Medal was awarded for service which occurred during his active Army service from 20 December 1971 through 27 May 1982.  It should be added to his DD Form 214.

3.  All of the other actions requested by the applicant occurred during his USAR service after he departed active duty.  His DD Form 214 dated 27 May 1982 cannot be changed to reflect the MOS actions and his award of the Meritorious Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  __X_____  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 adding the already awarded Army Commendation Medal to his DD Form 214 dated 27 May 1982.


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 the Meritorious Service Medal and the MOS actions.



															XXX
      _______ _   _______   ___
               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)                                         AR20080011389



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011389



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1