IN THE CASE OF:	

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20090000989 


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 in Item 7 (Last Duty Assignment and Major Command) that he served in Honduras and in Germany, and that Item 11 (Primary Specialty) be corrected by adding military occupational specialty (MOS) 63J, Quartermaster and Chemical Equipment Repairer.

2.  The applicant states, in effect, that Item 7 does not show he served in Honduras in 1988 and in Germany.  He also states that Item 11 currently lists his primary specialty as 63G, Fuel and Electrical Systems Repairer; however, MOS 63J is not listed.  He believes that his unit, the 449th Maintenance Company, failed to provide all of his relevant information to the appropriate source.  He further states that he is applying for compensation from the Department of Veterans Affairs (DVA) and his information needs to be correct.

3.  In support of his application, the applicant provides copies of his DD Form 214 and Honorable Discharge Certificate, his Recognition Certificate, his 63J Quartermaster Chemical Repair Sustainment Course completion certificate, and a letter from the DVA.  

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.  On 13 October 1983, the applicant enlisted in the United States Army Reserve (USAR), in pay grade E-1.  He was advanced to pay grade E-2 on 
21 April 1984.

3.  The applicant was ordered to active duty for training (ADT) and entered on active duty on 29 June 1984.  He completed basic training and upon completion of the required training he was awarded primary MOS 63G, on 4 October 1984. 

4.  On 5 October 1984, the applicant was released from ADT and transferred to his Reserve unit.  His DD Form 214, Item 7, shows his last duty assignment as the “USAOC&S, APG, Maryland.”  Item 11 shows his primary specialty as 63G, Fuel and Electrical Systems Repairer.  There is no evidence he was awarded MOS 63J as his primary or secondary MOS during the period covered by his DD Form 214.   

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) Part II, Section VII (Current and Previous Assignments) show that he served with Company B, 2nd Battalion, United States Army Ordnance Center and School (USAOC&S), Aberdeen Proving Ground (APG), Maryland from 29 June through 5 October 1984. 

6.  The applicant submits a copy of his Recognition Certificate, dated 3 April 1988, awarded for outstanding performance during “Operation Fuertes Caminos 88.”  He also submits a copy of his 63J Quartermaster Chemical Repair Sustainment Course completion certificate showing he attended the course from 21 April through 3 May 1991.  These events transpired after the applicant was released from ADT.

7.  The applicant's service records contain a Disposition Form, dated 5 February 1988, showing he completed 21 consecutive days of overseas service from 11 October through 31 October 1987, in Munster, West Germany and he was 

awarded the Army Reserve Components Overseas Training Ribbon.  His records also contain a memorandum, dated 15 July 1988, showing he completed 17 consecutive days of overseas service from 18 March through 3 April 1988 in Honduras during “Operation Fuertes Caminos 88,” and he was awarded the Army Reserve Components Overseas Training Ribbon. 

8.  The applicant was honorably discharged from the USAR on 24 July 1996.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214 and provided, in pertinent part, that Item 7 would include the last duty assignment and major command the individual served with for the period covered by the DD Form 214.  Item 11 would include the titles of all MOS or areas of concentration (AOC) awarded and served for at least 1 year during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 7 of his DD Form 214 should reflect he served in Honduras and Germany.  However, the evidence of record shows the applicant was assigned to Company B, 2nd Battalion, USAOC&S, APG, Maryland, and he served in that unit during the period covered by the 
DD Form 214.  

2.  The applicant served in Germany from 11 October through 31 October 1987 and in Honduras from 18 March through 3 April 1988, after his release from ADT. Therefore, he is not entitled to correction of his DD Form 214 to show these two assignments as they occurred after the period covered by his DD Form 214.  

3.  The applicant also contends, in effect, that his DD Form 214 should reflect MOS 63J.  However, the applicant completed the MOS 63J course during a period that is not covered by his DD Form 214.  Therefore he is not entitled to correction of his DD Form 214 to show this MOS.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  __x_____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __x_____   ___
               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)                                         AR20090000989



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ABCMR Record of Proceedings (cont)                                         AR20090000989



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