IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013982
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 award of the Meritorious Service Medal and the Bronze Star Medal with V Device. He also requests correction of Item 11 (Primary Specialty) of his DD Form 214 to show his last military occupational specialty (MOS) of 19Z5O (Armor Senior Sergeant).
2. The applicant states that he believes his DD Form 214 is erroneous and was hastily prepared since most of the individuals in the Personnel Services [Battalion] were either going to or returning from Iraq. Several individuals worked on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants request for his DD Form 214 to be corrected to show award of the Meritorious Service Medal was considered. However, his retirement
DD Form 214 reflects the Meritorious Service Medal in Item 18 (Remarks). Therefore, the Meritorious Service Medal will not be discussed further in these proceedings.
3. The applicant enlisted in the Regular Army on 25 February 1964 and he continued to serve on active duty through a series of reenlistments. His highest grade attained was sergeant major.
4. Headquarters, 25th Infantry Division, General Orders 109, dated 5 January 1970, show the applicant was awarded the Bronze Star Medal with V Device for action on 10 October 1969.
5. He was promoted to master sergeant, E-8 on 18 July 1981, at which time his MOS 19E would have converted to 19Z.
6. The applicant was released from active duty on 31 March 1992 and placed on the retired list on the following day in the rank of sergeant major. His retirement orders show his primary MOS as 19Z5O.
7. His DD Form 214 shows, in part, award of the Bronze Star Medal.
8. Item 11 on his DD Form 214 shows, in part, that he held MOS 19E2O
(M48-M60 Armor Crewman) for 19 years and 7 months.
9. Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
10. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the titles of all MOSs served for at least 1 year and the number of years and months served will be entered in item 11. For time determination, 16 days or more count as a month.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 shows the Bronze Star Medal as an authorized award. However, general orders published by the 25th Infantry Division in January 1970 show the applicant was awarded the Bronze Star Medal with V Device. Therefore, this decoration should be added to his DD Form 214.
2. The evidence of record shows the applicant held MOS 19Z from the time he was promoted to pay grade E-8 on 18 July 1981 until he retired from active duty on 31 March 1992. Calculations show this is a period of 10 years, 8 months, and 13 days. Therefore, there is sufficient evidence on which to base correction of Item 11 of his DD Form 214 to include MOS 19Z5O.
BOARD VOTE:
__X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the Bronze Star Medal from his DD Form 214 and replacing it with the Bronze Star Medal (First Oak Leaf Cluster) with V Device; and
b. amending Item 11 of his DD Form 214 to show the entry 19Z5O ARMOR SENIOR SERGEANT, 10 YEARS 08 MONTHS 13 DAYS.
_______ _ _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.
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