IN THE CASE OF:	

		BOARD DATE:	22 September 2009    

		DOCKET NUMBER:  AR20090006037 


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 add the suffix senior (Sr) to his name, along with all of his military occupational specialties (MOS), military education, and authorized awards.

2.  The applicant states his DD Form 214 is incomplete because of the lack of information in his military personnel records.  He states that the suffix "Sr" should be added to his name because his son (who is a junior) is no longer a minor and is currently in the military.  He also states he completed the 12-week Infantry Weapons Specialist Course and 4-week Primary Leadership and Development Course (PLDC) in 1985, Combat Engineer Basic Noncommissioned Officer Course (BNCOC) (MOS 12B) and 12-week Army Pre-Commission Course in 1986, 1-week Quartermaster and Chemical Course (MOS 63J) and 1-week Motor Sergeant/Officer Course in 1987, and 12-week Senior Utility Quartermaster/Chemical Equipment Repairer BNCOC (MOS 52C3O) in 1989. He further states that his DD Form 214 should show he held MOS 62F1O (Lift and Load Equipment Operator) for 1 year and 3 months and MOS 63J2O (Quartermaster and Chemical Equipment Repairer) for 2 years.  He adds that he also should have been awarded the National Defense Service Medal and Noncommissioned Officer Professional Ribbon with Numeral 2.

3.  The applicant provides, in support of his application, copies of his DA Forms
2 and 2-1 (Personnel Qualification Record - Parts I and II), a memorandum, two orders, two ATSC Forms 157 (Correspondence Course Completions Notices), and 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.  A Commonwealth of Pennsylvania, Department of Health, Birth Registration Notice, shows the applicant was born on 20 August 1964 and given the name "Jorge Joseph H______."

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 22 January 1982.

4.  A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 17 March 1982 and was honorably released from ADT on 14 July 1982 based on completion of MOS training and a minimum of 12 weeks initial ADT.  Item 1 (Name - Last, first, middle) contains the entry "H______, JORGE JOSEPH."  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) shows he held MOS 62F1O, Lift and Load Equipment Operator, for
0 years and 0 months.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and         Army Service Ribbon.  Item 14 (Military Education) shows he completed the
8-week Lift and Load Equipment Operator (MOS 62F1O) course in June 1982.

5.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the USAR Delayed Entry Program on 17 May 1983 and entered active duty in the Regular Army (RA) on
7 September 1983.  Item 1 (Name (Last-First-Middle-Jr-Sr-etc.) contains the entry "H______ JORGE JOSEPH."

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  Item 1 (Name) the entry "H______ JORGE JOSEPH."

   b.  Item 6 (Military Occupational Specialties) is blank.
   
   c.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Army Service Ribbon, Army Achievement Medal, Army Commendation Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Good Conduct Medal (2nd Award), and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

	d.  Item 17 (Civilian Education and Military Schools) shows he completed the 8-week Lift and Load Equipment Operator (MOS Code (MOSC) 62F) course in 1982; 13-week Heavy Anti-Armor Weapons Crewman (MOSC 11H) course in 1983; 4-week PLDC in 1985; non-resident Infantry Weapons Specialist course in 1985; non-resident Pre-Commission course in 1985; 1-week Lifesaving course in 1986; non-resident BNCOC (MOSC 12B) in 1986; 10-week Quartermaster and Chemical Repairer (MOSC 63J) course in 1987; and 1-week Motor Sergeant/ Officer course in 1987.

   e.  Item 18 (Appointments and Reductions) shows he was promoted to the rank of sergeant (E-5) with a date of rank of 2 October 1986 and promoted to the rank of staff sergeant (E-6) with a date of rank of 20 June 1988.

   f.  Item 35 (Record of Assignments) shows he completed One Station Unit Training for MOS 11H on 22 November 1983 and completed the Chemical/ Quartermaster Repairer Course for MOS 63J on 9 March 1987  This item also shows he was initially assigned in principal duty MOSC 52C3O on 1 January 1990.

7.  A DA Form 1059 (Service School Academic Evaluation Report) for the period 23 July 1985 through 7 February 1986 shows the applicant completed the non-resident Army Pre-Commission Course on 7 February 1986.

8.   A Correspondence Course Completion Notice shows the applicant completed the non-resident Combat Engineer BNCOC (MOS 12B) on 22 July 1986.

9.  The applicant's DD Form 214 shows he entered active duty this period on
7 September 1983 and was honorably discharged on 20 February 1991.

   a.  Item 1 contains the entry "H______, JORGE JOSEPH."

   b.  Item 11 shows he held MOS 52C3O (Utilities Equipment Repairer) for
2 years and 7 months and MOS 11H3O (Heavy Anti-Armor Weapons Crewman) for 7 years and 3 months.

   c.  Item 13 shows he was awarded the Army Service Ribbon, Army Lapel Button, Army Commendation Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Good Conduct Medal (2nd Award), and Army Achievement Medal.
   
   d.  Item 14 shows he completed the 10-week Quartermaster and Chemical Repair Specialist course in 1987 and 1-week Lifesaving course in 1986.

10.  In support of his application, the applicant provides the following documents.

   a.  His Personnel Qualification Record.  Part I, Section I (Personnel Data), Item 1 (Name) that shows the entry "H______ JORGE JOSEPH."  Section II (Qualification Data) and shows he was awarded primary MOS 52C3O, secondary MOS 11H3O, and that he completed BNCOC.

	b.  Headquarters, 259th Personnel Services Company, Orders 301-17, dated 14 December 1983, that show he was awarded MOS 62F1O as his secondary MOS effective 13 September 1983.

   c.  A Course Completion Notice and Headquarters, The Institute for Professional Development, U.S. Army Training Support Center, Newport News, VA, memorandum, dated 5 May 1986, subject:  Course Completion that show he completed the non-resident Infantry Weapons Specialist Course on 19 June 1985.

   d.  A Service School Academic Evaluation Report for the period
13 September through 11 October 1985 that shows he completed the resident PLDC at the 1st Armored Division NCO Academy (Germany).

   e.   A Correspondence Course Completion Notice that shows he completed the non-resident Army Pre-Commission Course on 7 February 1986.

   f.  A Service School Academic Evaluation Report for the period 6 August 1985 through 22 July 1986 that shows the applicant completed the non-resident Combat Engineer BNCOC (MOS 12B).

	g.  Headquarters, 259th Personnel Service Company, Orders 255-53, dated 29 October 1986, that show the applicant was promoted to sergeant and awarded MOS 11H2O as his primary MOS and MOS 62F2O as his secondary MOS effective 1 November 1986.

   h.  A Service School Academic Evaluation Report for the period 2 January through 11 March 1987 that shows he completed the resident Quartermaster/ Chemical Equipment Repairer (MOSC 63J) course at the U.S. Army Ordnance, Center and School, Aberdeen Proving Ground, MD.

   i.  A Service School Academic Evaluation Report for the period 6 November 1988 through 31 January 1989 that shows he completed the resident Senior Utility Quartermaster/Chemical Equipment Repairer BNCOC (MOSC 52C3O) at the U.S. Army Ordnance Center and School, Aberdeen Proving Ground,  MD.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  It also provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  Paragraph 1-16 (MILPER information management records) of this Army regulation provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.  Once recorded, it will not be removed, except as provided by law or this regulation.

12.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in 
pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

13.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

14.  Army Regulation 600-8-22 shows that the Noncommissioned Officer (NCO) Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The  Noncommissioned Officer Professional Development Ribbon consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.  The numeral "2" affixed to the ribbon identifies successful completion of the Basic Level of the Noncommissioned Officer Education System (NCOES).

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

16.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.

   a.  Item 11 (Primary Specialty) states enter the primary MOS or AOC (Area of Concentration), and all additional MOS/AOC service for a period of one year or more, during the Soldier's continuous active military service.  For each MOS/AOC, list the title with the years and months served.  In determining time eligibility for listing of specialty, it states that 16 days or more count as a month; however, do not count Basic Combat Training and Advanced Individual Training.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

   c.  Item 14 (Military Education) states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  Non-resident courses may be included when successfully completed by correspondence.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the suffix "Sr" to his name, along with all MOSs, military education, and authorized awards.

2.  The applicant enlisted in the USAR on 22 January 1982, entered active duty in the RA on 7 September 1983, and his name was recorded in his military records as "Jorge Joseph H______", which represents his birth name.  The applicant's name of record was consistently recorded in his official records throughout the entire period of his military service.  In addition, the applicant's two DD Forms 214 show that the applicant's name of record is correctly recorded on these two documents.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Accordingly, the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this regard, the evidence of record shows that the applicant's military service records reflect the correct name (at the time) under which military service was performed.  In the absence of a showing of material error or injustice, the applicant's military service records should not be changed.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this instance.

4.  The applicant was awarded MOS 62F1O (Lift and Load Equipment Operator) in June 1982 as his primary MOS and this MOS is recorded in item 11 of his
14 July 1982 DD Form 214.  After his entry on active duty in the RA, the applicant was awarded MOS 62F1O as his secondary MOS on 13 September 1983 and he held the MOS as his secondary MOS until he was promoted to staff sergeant on 20 June 1989; a period of 5 years and 9 months.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this MOS.

5.  The applicant was awarded MOS 63J1O (Quartermaster/Chemical Equipment Repairer) on 11 March 1987 as his primary MOS and he held the MOS as his primary MOS until 1 January 1990; a period of 2 years and 9 months.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this MOS.

6.  The applicant completed the 13-week Heavy Anti-Armor Weapons Crewman course for MOS 11H on 22 November 1983.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.

7.  The applicant completed the non-resident Infantry Weapons Specialist course on 19 June 1985.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.

8.  The applicant completed the 4-week PLDC on 11 October 1985.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.


9.  The applicant completed the non-resident Army Pre-Commission course on
7 February 1986.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.

10.  The applicant completed the non-resident Combat Engineer BNCOC (MOS 12B) on 22 July 1986.  Therefore, it would be appropriate to correct his
20 February 1991 DD Form 214 to show this military education.

11.  The applicant completed the 1-week Lifesaving course in 1986 and the
10-week Quarter/Chemical Equipment Repairer (MOS 63J) course in 1987.  Theses courses are recorded in item 14 of his 20 February 1991 DD Form 214.

12.  The applicant completed the 1-week Motor Sergeant/Officer course in 1987.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.

13.  The applicant completed the 12-week Senior Utility Quartermaster/Chemical Equipment Repairer BNCOC (MOS 52C3O) on 31 January 1989.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this military education.

14.  The applicant served a qualifying period of honorable active service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his 20 February 1991 DD Form 214 to show this service medal.

15.  The applicant was awarded Noncommissioned Officer Professional Development Ribbon based on completion of PLDC.  The applicant subsequently completed BNCOC.  Therefore, it would be appropriate to correct his
20 February 1991 DD Form 214 to show award of the Noncommissioned Officer Professional Development Ribbon with Numeral 2.

16.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.  Therefore, it would be appropriate to correct his
20 February 1991 DD Form 214 to show these two badges with the respective component bars.


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 correcting his 20 February 1991 DD Form 214 by:

   a.  adding to item 11 the entry "62F1O, Lift and Load Equipment Operator,
5 Years, 9 Months//63J2O, Quartermaster & Chemical Repairer, 2 Years,
9 Months//Nothing Follows";

   b.  deleting from item 13 the NCO Professional Development Ribbon [with Numeral] - "1";

   c.  adding to item 13 the National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar; and

   d.  adding to item 14 the "Heavy Anti-Armor Weapons Crewman Course
8 Weeks (November 1983)//Infantry Weapons Specialist - Nonresident (June 1985)/ /Primary Leadership and Development Course 4 Weeks (October 1985)//Army Pre-Commission Course - Nonresident (February 1986)//Combat Engineer Basic Noncommissioned Officer Course (MOS 12B) - Nonresident (July 1986)//Motor Sergeant/Officer Course 1 Week (1987)//Senior Utility Quartermaster/Chemical Equipment Repairer Basic Noncommissioned Officer Course (MOS 52C3O) - 12 Weeks (January 1989)//NOTHING FOLLOWS//."


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 adding the suffix "Sr" to his name.



      _______ _   _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)                                         AR20090006037



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ABCMR Record of Proceedings (cont)                                         AR20090006037



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