IN THE CASE OF:	  

		BOARD DATE:	       19 February 2009

		DOCKET NUMBER:  AR20080012793 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his secondary military occupational specialty (MOS) 88M (Motor Transport Operator), award of the Army Commendation Medal, and award of the Good Conduct Medal.

2.  The applicant states he served in Iraq as an 88M and was awarded the Army Commendation Medal, but neither is shown on his DD Form 214.

3.  The applicant provides a copy of DA Form 1059 (Service School Academic Evaluation Report), dated 1 February 2003; a copy of Orders C-12-231122, issued by the U.S. Army Reserve Personnel Command, St. Louis, Missouri, on 4 December 2002; a copy of Orders 4-210-840, issued by the U.S. Army Reserve Command, Fort McPherson, Georgia, on 28 July 2004; a copy of Orders 5-48-59, issued by Headquarters, 81st Regional Readiness Command, Birmingham, Alabama, on 17 February 2005; and copies of his DD Forms 214, dated 11 May 2004 and 7 December 1982, 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 records show he initially enlisted in the Regular Army for a period of 3 years on 2 January 1980.  He completed basic combat and advanced individual training and was awarded MOS 31M (Multichannel Communications Equipment Operator).  He was honorably released from active duty in the rank and grade of specialist four/E-4 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 6 November 1982.  He completed      2 years, 11 months, and 6 days of active military service.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 7 December 
1982 shows he was awarded the Army Service Ribbon and the Overseas Service Ribbon.

4.  After a break in service, the applicant enlisted in the USAR for a period of 6 years on 20 August 1997.  He also executed a 2-year reenlistment in the USAR on 19 March 1999 followed by a 4-year reenlistment on 26 January 2001.

5.  On 18 January 2001, the applicant completed Phase I of the USAR Motor Transport Operator Course (MOS 88M) and, on 1 February 2002, he completed Phase II.  The DA Form 1059 he received subsequent to completion of Phase II indicates that MOS 88M may be awarded in accordance with the governing regulation.  However, there is no indication in the applicant's records that he was awarded MOS 88M.

6.  On 24 January 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Kuwait/Iraq from 5 April 2003 to 8 April 2004.  He was honorably released from active duty to the control of his USAR unit on 11 May 2004.  The DD Form 214 he was issued shows he completed 1 year, 3 months, and 18 days of active military service during this period.  This form also shows the following entries:

	a.  item 11 (Primary Specialty) shows the applicant held MOS 31R (Multichannel Communications Equipment Operator) for 1 year and 4 months;

	b.  item 13 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with "M" Device, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Overseas Service Ribbon.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 11 shows the primary specialty.  Obtained from the Enlisted Record Brief/Officer Record Brief, this entry shows the titles of all MOSs served (clarified by the regulation's proponent to mean actually awarded) for at least 1 year and includes for each MOS the number of years and months served. For time determination, 16 days or more count as 1 month.  Do not count basic training and/advanced individual training.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his secondary MOS (88M) and award of the Army Commendation Medal and the Good Conduct Medal.

2.  With respect to award of the Good Conduct Medal, the evidence of record shows the applicant served honorably from 2 January 1980 to 6 November 1982 for a period of 2 years, 11 months, and 6 days; 1 year, 4 months, and 21 days of which was foreign service (Germany); and he attained the rank of specialist four/E-4.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  With respect to the applicant's MOS, the evidence of record shows that the applicant completed Phases I and II of the Transport Operators Course prior to his deployment to Iraq, but was not issued permanent orders awarding him the MOS as a primary or a secondary MOS.  Therefore, there is insufficient evidence to correct the applicant's records with regard to MOS 88M.

4.  With respect to award of the Army Commendation Medal, it appears that the applicant is requesting correction of his DD Form 214 to show a second award of the Army Commendation Medal as one is already listed on his DD Form 214.  However, in the absence of a formal recommendation, approval through the chain of command, and announcement in orders, there is insufficient evidence to add a second Army Commendation Medal to the applicant's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was sufficient  to warrant a recommendation for partial relief.  The Soldier graduated from Phase II of the USAR Motor Transport Operator Course MOS 88M.  His AER, dated 1 February 2003, stated that “The MOS may now be awarded.”  Therefore his DD Form 214 should be corrected to show in block 14 “MOTOR TRANSPORT OPERATOR, 4 WEEKS, 2003.”  Block 11 should also be corrected to show “88M MOTOR TRANSPORT OPERATOR-1 YR, 3 MOS.” 

2.  The Board further determined that the evidence presented is sufficient to award the:

   a.  Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 January 1980 through 7 December 1982; and

	b.  adding the Good Conduct Medal (1st Award) to the applicant's 
DD Form 214 dated 11 May 2004.

3.  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 award of the Army Commendation Medal.


																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)                                         AR20080012793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012793



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1