IN THE CASE OF:	  

		BOARD DATE:	        22 January 2009

		DOCKET NUMBER:  AR20080017179 


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:

	a.  Award of the Good Conduct Medal, the National Defense Service Medal, the Overseas Service Ribbon, and a Volunteer Award (i.e. the Military Outstanding Volunteer Service Medal);

	b.  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his 96B (Intelligence Analyst) military occupational specialty (MOS);

	c.  Correction of his records to show his specialist five (SP5)/E-5 and specialist six (SP6)/E-6 ranks/grades as “Permanent” vice “Temporary”; and

	d.  Correction of his records to show he performed duties as Unit Career Counselor, Interrogator, and Motor Pool Sergeant.

2.  The applicant states that he was never presented the requested awards, that he completed on the job training (OJT) and promoted to SP5/E-5 as a military intelligence analyst, that his ranks/grades were permanent and not temporary, that he was promised a volunteer award, and that he performed duties as a career counselor and reenlisted seven individuals in his unit.   

3.  The applicant provided a self-authored chronology of his assignments and three pictures of himself in uniform, in support of his application. 

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 enlisted in the Regular Army for a period of 4 years on 10 February 1966.  He completed basic combat and advanced individual training and was awarded MOS 63B (Wheeled Vehicle Repairman).

3.  The applicant’s records also show he served in Germany from 9 August 1966 to 2 July 1968.  He was initially assigned as a mechanic's helper with the 38th Engineer Company from 11 August 1966 to 12 February 1967 and was subsequently assigned as a wheeled vehicle mechanic with Headquarters Company, 540th Engineer Group from 13 February 1967 to 29 June 1968.  

4.  On 13 August 1968, and subsequent to completion of his overseas tour, the applicant was reassigned to the 501st Military Intelligence Detachment, Fort Hood, Texas as a vehicle mechanic.

5.  On 6 September 1968, Headquarters, 1st Armored Division, Fort Hood, Texas, published Special Orders Number 233 announcing the applicant's promotion to the temporary grade of SP5/E-5, effective 15 August 1968.  Along with his appointment, the same orders awarded the applicant primary MOS (PMOS) 96B and secondary MOS (SMOS) 63B, effective 15 August 1968.

6.  On 18 November 1968, the 501st Military Intelligence Detachment published Unit Orders Number 20 announcing the applicant’s appointment as a Reenlistment Noncommissioned Officer (NCO), effective 18 November 1968, for the purpose of maintaining the reenlistment records and distributing information pertaining to the benefits of reenlisting.



7.  On 11 December 1969, Headquarters, 1st Armored Division, Fort Hood, published Special Orders Number 322 appointing the applicant to the temporary rank/grade of SP6/E-6, withdrawing PMOS 96B, and awarding him PMOS 96C (Interrogator), effective 4 November 1969.

8.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was appointed to SP5/E-5 (T) on 15 August 1966 and to SP6/E-6 (T) on 4 November 1969.  

9.  The applicant’s records show he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby Reserve) on
9 February 1970.  The DD Form 214 he was issued shows he completed 4 years of active Federal service.

10.  Item 24 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Driver and Mechanic Badge with Driver-W and Mechanic Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Good Conduct Medal or the Overseas Service Ribbon.

11.  The applicant’s records do not contain orders awarding him the Good Conduct Medal.

11.  Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received excellent conduct and efficiency ratings throughout his military service.  Furthermore, his records do not show any derogatory information throughout his military service.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members 
of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  Army Regulation 600-8-22 provided that the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature.  To qualify for award of the Military Outstanding Volunteer Service Medal a service members volunteer service must meet the following requirements:  (1) be to the civilian community, to include the military family community, (2) be significant in nature and produce tangible results, (3) reflect favorably on the Military Service and the Department of Defense, and (4) be of a sustained and direct nature. 

15.  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 their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this Regulation contains guidance on the preparation of the DD Form 214.  Item 23 of the version of the DD Form 214 in effect at the time reflects the primary specialty held at the time of separation or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably during the period 10 February 1966 through 9 February 1970.  He attained the temporary rank of SP6/E-6, completed an overseas tour in Germany, and had all excellent conduct and efficiency ratings throughout his military service.  Furthermore, his record is void of any derogatory information.  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.  

2.  With respect to the National Defense Service Medal, this award is already listed on the applicant’s DD Form 214; therefore, there is no further action required.

3.  With respect to award of the Overseas Service Ribbon, this ribbon was established on 10 April 1981.  Effective 1 August 1981, all members of the Active Army are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was separated on 9 February 1970 and did not have an Active Army status on or after 1 August 1981; therefore, he does not meet the criteria for award of the Overseas Service Ribbon.  

4.  With respect to the Military Outstanding Volunteer Service Medal, this medal is awarded to members of the Armed Forces who subsequent to 31 December 1992, performed outstanding volunteer community service of a sustained, direct and consequential nature.  There is no evidence that the applicant performed any period of active service beyond his separation date on 9 February 1970.   Therefore, he does not meet the criteria for award the Military Outstanding Volunteer Service Medal.

5.  With respect to the applicant’s ranks/grades, the evidence of record shows that he was appointed to the temporary rank/grade of SP5/E-5 on 15 August 1968 and the temporary rank/grade of SP6/E-6 on 4 November 1969.  There is no evidence in his records that he was appointed and/or promoted to the permanent ranks/grades of SP5/E-5 or SP6/E-6.  Therefore, there is insufficient evidence to correct his ranks/grades.

6.  With respect to the applicant’s MOS, the evidence of record shows that he was initially awarded PMOS 63B.  However, upon his appointment as a SP5/E-5, his PMOS 63B was withdrawn and he was awarded PMOS 96B and SMOS 63B. Furthermore, upon his appointment as a SP6/E-6, PMOS 96B was withdrawn and he was awarded PMOS 96C.  There is no indication that he held any other PMOS between the time he was awarded PMOS 96C and the time he was separated.  By regulation, the DD Form 214 reflects the primary specialty held at the time of separation or discharge.  The applicant held MOS 96C at the time of his separation which is correctly shown on his DD Form 214.  Therefore, there is no further action required.

7.  With respect to the applicant’s assignment as a unit career counselor, the evidence of record shows that the applicant was appointed this duty as an additional duty.  Furthermore, the applicant’s efforts in reenlisting seven Soldiers in his unit are noted and are highly commended.  However, there is no provision to list a Soldier’s record of assignments on the DD Form 214.  

8.  The appropriate form to list a Soldier’s record of assignments, including unit career counselor, interrogator, and motor pool sergeant is the DA Form 20.  Nevertheless, the DA Form 20 was a form which was updated frequently with new information.  Since the applicant's DA Form 20 is no longer active or accessible, there is no action that can be taken to correct this form.  

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 by  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 February 1966 through 9 February 1969 and adding the Good Conduct Medal (1st Award) to his DD Form 214.

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 National Defense Service Medal, the Overseas Service Ribbon, and the Military Outstanding Volunteer Service Medal; the listing of MOS 96B; the permanent appointment to SP5/E-5 and SP6/E-6; and showing his duties as a unit career counselor, interrogator, or motor sergeant.


															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)                                         AR20080017179



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ABCMR Record of Proceedings (cont)                                         AR20080017179



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