IN THE CASE OF:	

		BOARD DATE:	22 September 2009    

		DOCKET NUMBER:  AR20090006908 


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) as follows:

	a.  add military occupational specialties (MOS) 14T (Patriot Launching Station Enhanced Operator and Maintainer), 11B (Infantryman), 11M (Fighting Vehicle Infantryman), 31V (Tactical Communications Specialist), and 31K (Signal Specialist); and 

	b.  add the Expert Infantryman Badge, Army Good Conduct Medal, and two awards of the Army Achievement Medal.  

2.  The applicant states that the missing information was due to an oversight by the person recording the information on his DD Form 214.  

3.  The applicant did not provide any additional documentary evidence 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.  Having had prior service in the U.S. Navy (USN), the applicant’s records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 January 1991.  He completed basic combat and advanced individual training and he was awarded MOS 11M.  He was assigned to A Company, 3rd Battalion, 7th Infantry, Fort Stewart, GA.

3. The applicant's records reveal an extensive history of counseling by various members of his chain of command for miscellaneous infractions to include failure to follow orders, loss of government equipment, failure to maintain proper military bearing/appearance, failure to maintain accountability of government equipment; loss of military ID card, poor performance, lack of self-discipline, and missing formation.

4.  On 8 August 1991, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.  His punishment consisted of a reduction to private (PV2)/E-2, a forfeiture of $190.00 pay for 1 month, and 14 days of restriction and extra duty.  

5.  On 27 August 1991, the applicant's immediate commander initiated a Bar to Reenlistment Certificate against the applicant citing ongoing infractions.  The applicant was provided with a copy of the bar but elected not to submit any statements in his own behalf.  The bar was subsequently approved by his battalion commander on 30 August 1991. 

6.  The applicant’s records further show he was discharged from the RA on 14 January 1992 by reason of unsatisfactory performance.  The DD Form 214 he was issued for this period of service shows he completed 1 year and 7 days of creditable active service. This form also shows the following entries:

	a.  item 11 (Primary Specialty) shows the entry "11M, Fighting Vehicle Infantryman, 8 months"; and 

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, National Defense Service Medal, and the Army Lapel Button.  Item 13 does not show award of the Army Good Conduct Medal, any Army Achievement Medals, and/or the Expert Infantryman Badge. 
7.  The applicant’s records also show he enlisted in the RA for a period of 3 years on 29 April 1999.  He subsequently completed the 11 week Patriot Launch Command Operator Course at Fort Bliss, TX, in September 1999; however, there is no indication in his records that he was awarded MOS 14T. 

8.  On 19 October 1999, the applicant was involved in an auto accident in El Paso, TX.  He was subsequently reassigned to the Medical Holding Company, Fort Bliss, TX, on 12 January 2000.

9.  On 2 May 2000, the applicant was reassigned to Fort Sam Houston, TX.  He was assigned to B Company, 232nd Medical Battalion, for completion of advanced individual training for MOS 91B (Medical Specialist).  However, on 8 May 2000, he was disenrolled from the course due to his medical condition.

10.  The applicant was subsequently considered by a medical evaluation board (MEB) that referred him to a physical evaluation board (PEB).  The PEB recommended his separation with entitlement to severance pay.  He was honorably discharged on 31 October 2000 by reason of physical disability.  The DD Form 214 he was issued for this period of service shows he completed
1 year, 6 months, and 2 days of creditable active service during this period.  This form also shows the following entries:

	a.  item 11 shows the entry "None"; and 

	b.  item 13 shows he was awarded the Army Service Ribbon, National Defense Service Medal, and the Army Lapel Button.  Again, item 13 does not show award of the Army Good Conduct Medal, any Army Achievement Medals, and/or the Expert Infantryman Badge.

11.  The applicant’s records do not contain orders awarding him the Good Conduct Medal, any Army Achievement Medals, and/or the Expert Infantryman Badge.

12.  The applicant’s records do not show he completed training for MOS 11B, MOS 31V, or MOS 41K.  Additionally, his record is void of any orders awarding him the listed MOSs. 

13.  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 this regulation contains guidance on the preparation of the DD Form 214.  Item 11 of the DD Form 214 reflects the primary specialty.  This item contains titles of all MOSs awarded and includes for each MOS the number of years and months served.  For an enlisted Soldier, this item also specifies that the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI) if applicable or "O" when not applicable.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 8-8, provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge a Soldier must be in an active Army status and must have an infantry or special forces specialty.  Commanders of U.S. Army training centers have the authority to test and award the badge.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

16.  Army Regulation 600-8-22 provides that the Army 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.  

17.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the 
Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such 
award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his MOS's as well as the Army Good Conduct Medal, Expert Infantryman Badge, and two awards of the Army Achievement Medal.

2.  With respect to the applicant's MOS, the evidence of record shows the applicant completed the 11 week Patriot Launch Command Operator Course at Fort Bliss in September 2000; however, for unknown reasons, he was not awarded MOS 14T.  Nevertheless, although his records do not contain a copy of orders awarding him MOS 14T, the fact that his records show he completed training should be sufficient to correct his DD Form 214 to show MOS 14T.

3.  With respect to MOS 11M, the applicant completed training for and he was awarded this MOS during his first period of enlistment, which is appropriately shown on his DD Form 214 for the period ending 14 January 1992.  An additional MOS is authorized to be added in item 11 of the DD Form 214; however, since the applicant did not serve in MOS 11M for one or more years during the period 29 April 1999 to 31 October 2000, there is no basis for adding this MOS to his DD Form 214 for the period ending 31 October 2000.

4.  With respect to MOS 11B, 31K, and 31V, there is no evidence in the applicant’s records and the applicant did not provide any evidence that shows he was awarded these MOS's.  In the absence of evidence, such as MOS orders, certificate of MOS completion, or other corroborating evidence, there is no basis for adding these three MOS's on his DD Form 214. 

5.  With respect to the Expert Infantryman Badge, the applicant's record is void of an order awarding him the Expert Infantryman Badge.  Additionally, there is no evidence in the available records and the applicant did not provide any evidence that shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is no basis for awarding or showing this badge on his DD Form 214.

6.  With respect to the Army Good Conduct Medal, the evidence of record shows that during his first period of service, the applicant received NJP, a bar to reenlistment, and he was separated for unsatisfactory performance.  He would not have qualified for award of the Army Good Conduct Medal.  Additionally, the applicant's record is void of an order that shows he was awarded or recommended for award of the Army Good Conduct Medal during his second period of service.  Therefore, there is no basis for awarding or showing award of the Army Good Conduct Medal on his DD Form 214 for either period of service.

7.  With respect to the two awards of the Army Achievement Medal, there is no evidence in the available records and the applicant did not provide any evidence that shows he was recommended for or awarded any Army Achievement Medals during his periods of service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.

8.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Army Achievement Medal(s), this in no way affects the applicant’s right to pursue his claim for the Army Achievement Medal(s) by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 deleting the entry “None” from item 11 of his DD Form 214 and adding the entry "14T, 0 months, Patriot Launching Station Enhanced Operator and Maintainer." 

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 adding to his DD Form 214 MOS's 11B, 11M, 31K, 31V, and award of the Army Good Conduct Medal, Expert Infantryman Badge,  and two Army Achievement Medals.



      __________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)                                         AR20090006908



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ABCMR Record of Proceedings (cont)                                         AR20090006908


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