IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090006511 


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 military occupational specialty (MOS) 00E (Recruiter and Career Counselor) and 00R (Recruiter).  He also requests award of and the listing of the Career Counselor Badge on his DD Form 214.

2.  The applicant states that the MOS 00E and the MOS 00R were omitted by his own request.  He adds that the MOS 79D is shown on his DD Form 214 and he received SDAPP [sic] (SDAP or Special Duty Assignment Pay) for the 1984 to 1989 time frame as an Active Guard Reserve (AGR) Soldier while assigned to 5th U.S. Army; however, the Army Career Counselor Badge is not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 31 January 1989, and a copy of his Army/ACE Registry Transcript, dated 17 April 2003, 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 Missouri Army National Guard (MOARNG) on 18 November 1966.  He held MOS 95B (Military Police), executed multiple extensions in the MOARNG, and attained the rank/grade of sergeant first class (SFC)/E-7.  He was honorably discharged from the ARNG on 14 August 1977 for the purpose of accepting an assignment in the U.S. Army Reserve (USAR). 

3.  The applicant's records further show he was ordered to active duty for training (ADT) and he entered active duty in an AGR status on 15 August 1977.  He was initially assigned to Headquarters and Headquarters Company, 85th Division (Training), Chicago, IL, and he served in duty MOS (DMOS) 00E as a Professional Development Noncommissioned Officer (NCO).

4.  The applicant's records further show he completed the 3-week Reserve Component Recruiter Course in May 1978 and the one-week U.S. Army Recruiting Command Recruiting Management Course on 9 June 1978.

5.  On 31 March 1979, the applicant volunteered for the Enlisted USAR Long Tour Management Program and he was subsequently reassigned to the USAR Control Group (Reinforcement), St. Louis, MO, where he performed the duties of Professional Development NCO and Operations NCO in DMOS 00E.

6.  On 22 November 1980, the applicant was reassigned to the 1st Personnel Command, Germany, where he performed the duties of a USAR In-Service Recruiter, in DMOS 00E.  Upon completion of this overseas tour, he was reassigned back to the USAR Control Group (Reinforcement), St. Louis, where he performed the duties of Division Coordinator in DMOS 75Z (Personnel Sergeant).  He subsequently completed the one-week Mobile Retention Training Course in 1983. 

7.  On 23 May 1984, the USAR Personnel Center, St. Louis, published Orders
B-05-000846, awarding the applicant primary MOS 79D (Reenlistment NCO), SMOS 95B, and additional MOS 75Z.  He subsequently completed the 2-week 79D USAR Retention Advanced NCO Course in 1985.



8.  On 6 March 1986, the Chief, Strength Management Division (of what appears to be the applicant's servicing military personnel office) submitted a DA Form 2496 (Disposition Form) indicating that the applicant was designated as a USAR Reenlistment NCO and he was authorized to wear the Career Counselor Badge. However, there is no indication that orders were issued to award the applicant this badge. 

9.  The applicant's records also show he was honorably released from ADT on 31 January 1989 by reason of completion of his AGR duties.  The DD Form 214 he was issued shows he completed 11 years, 5 months, and 16 days of active service during this period.  This form further shows the following entries:

	a.  item 11 (Primary Specialty Number, Title and Years and Months in Specialty) shows the entries "79D5O Reenlistment NCO, 16 years//95B5O Military Police, 14 years//75Z5O Personnel Sergeant, 4 years and 7 months."  Item 11 does not show MOS 00E or MOS 00R.

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Recruiter Badge with 3 Gold Stars in addition to several other awards.  Item 13 does not show the Army Career Counselor Badge.

10.  The applicant provided a copy of his Army/ACE Registry Transcripts, dated 17 April 2003, that shows military specialties/courses he held and/or performed.  The transcripts, now called the Army/American Council on Education Registry Transcript System (AARTS), is a computerized transcripts system that produces official transcripts for eligible Soldiers upon request by combining a Soldier's military education, training, and experience with descriptions and credit recommendations developed by the American Council on Education.  

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Career Counselor Badge.  The Career Counselor Badge may be authorized for wear by enlisted personnel assigned to authorized duty positions which require PMOS 79S (Career Counselor).  The award is retroactive to 1 January 1972 for Soldiers who currently hold PMOS 79S or previously held PMOS 79D or PMOS 00R (Retention NCO) or PMOS 00E (In-Service Recruiter/Transition NCO Reserve Components Career Counselor) and meet the criteria for permanent award outlined below.  Authorization of the badge as a uniform item will be announced by commanders of units of battalion size and larger.  The Career Counselor Badge may be authorized by the Commanding Generals of Army General Officer Commands and the Commander, Human Resources Command (HRC) - St. Louis, for wear by enlisted members of the USAR who have successfully 
completed either the resident or nonresident Reserve Component Recruiting Course and have been designated as a USAR Reenlistment NCO.  Authorization of the badge as a uniform item will be announced by the Commanding Generals of Army Reserve General Officer Commands or the Commander, HRC - St. Louis, upon recommendation by unit commanders.  Recommendations will be processed through normal command channels.   This badge may be authorized for temporary wear or permanent wear as follows:

	a.  Temporary wear of the badge is authorized for Soldiers who served less than 12 months as PMOS 79S Career Counselor since graduation from the Army Retention Course, served less than 12 months as an AGR Career Counselor (PMOS 79S), or served as Army Reserve Reenlistment NCO.

	b.  Permanent wear of the badge is authorized for USAR or ARNG Soldiers who successfully complete formal resident training and 12 months in a primary duty MTOE (Modified Table of Organization and Equipment)/TDA (Table of Distribution and Allowances) retention coded position (PMOS 79S or other previously assigned retention MOS), Soldiers, whether RA, USAR, or ARNG, who have been awarded a secondary MOS of 79S as a result of formal resident training and have performed duties as a Career Counselor in a valid MTOE or TDA 79S position for a period of 12 consecutive months.  Commanders in the rank of Colonel or higher may authorize the wear of the Career Counselor Badge as a permanent part of the uniform for qualified enlisted personnel, MOS 79S who honorably complete the probationary period listed above. 

12.  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.  This regulation specifies that the
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the DD Form 214, in effect at the time, shows the primary MOS and all additional MOS title and years and months in the specialty.  It also shows additional specialty numbers and titles involving periods of one or more years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show MOS 00R and 00E as well as the Career Counselor Badge.

2.  With respect to the Career Counselor Course, the evidence of record shows the applicant held MOS 79D, completed formal resident training, and served in a 79D coded position for at least 12 months.  Therefore, he met the criteria for award of the Career Counselor Course and he should be awarded and have his records corrected to show this badge.

3.  With respect to the applicant's specialties, although he performed in DMOS 00E, there is no evidence that he completed formal schooling for this MOS or MOS 00R, or that he was awarded either MOS.  He held MOS 95B at the time he performed the duties of 00E.  Once he was formally trained in recruiting, he was awarded MOS 79D which, together with his two other specialties of 75Z and 95B, are properly documented on his DD Form 214.

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 Career Counselor Badge and adding it 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 listing of MOS 00E and MOS 00R on his DD Form 214.



      __________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)                                         AR20090006511



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ABCMR Record of Proceedings (cont)                                         AR20090006511



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