IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090017209 


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 that his records be corrected to show that he was promoted to the rank of colonel, pay grade O-6, and that his DD Form 214 be corrected to include his Civil Affairs qualification, his Meritorious Service Medal (MSM), and his two overseas tours to Germany in 1986 and 1988.

2.  The applicant states that he is adamant in his quest to secure his promotion and that the denial of his promotion is an affront to the One Army concept.  The applicant continues that he lost his unit vacancy promotion when he was mobilized and assigned to an activated unit for deployment during Operation Desert Storm.

3.  The applicant provides a letter dated 30 September 2009 from him to his elected representative; a letter dated 10 September 2009 from the Deputy Assistant Secretary of the Army (Review Boards); his Civil Affairs Officer Advanced Course diploma dated 29 June 1990; his MSM certificate showing he was awarded the MSM on 19 January 1993; and excerpts from his military and medical records which pertain to his promotion.

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.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant's request to correct his records to show that he was promoted to colonel after being selected by a Unit Vacancy Board was denied by the ABCMR on 14 June 1995.  Since the applicant's request for reconsideration was not received within one year of the ABCMR's original decision, there is no basis for reconsidering that portion of his request and it will not be further discussed in these proceedings.  

3.  The applicant's military records show that he was commissioned as a second lieutenant, Adjutant General Corps, U.S. Army Reserve (USAR) on 16 June 1964.  He served on active duty as a Reservist from 26 April 1966 to 25 May 1968.  

4.  He continued to served in the Army Reserve.  He was awarded the Area of Concentration (AOC) of Administrative and Personnel Systems Management Officer and the AOC of Operations Plans and Training Officer and was promoted to lieutenant colonel (LTC) on 30 May 1984.

5.  The applicant attended the Civil Affairs Officer Advanced Course, Phase 2, from 19 June to 1 July 1988.  He was issued a certificate to show he successfully completed that course.

6.  The applicant's next period of active duty for which he was issued a DD Form 214 was for the period 3 to 29 January 1991.  This DD Form 214 shows that he held the AOC of Administration and Personnel Systems Management Officer and shows that he had been awarded, among other awards, the Army Reserve Component Overseas Training Ribbon.  Item 14 (Military Education) of the DD Form 214 has "NONE//NOTHING FOLLOWS//" entered.

7.  There are no additional periods of active duty for which a DD Form 214 was issued.

8.  The applicant was transferred from his USAR unit to the USAR Control Group (Reinforcement) on 15 July 1992, and to the Retired Reserve on 31 August 1992 due to completion of maximum authorized years of service.

9.  The applicant's DA Form 2-1 (Personnel Qualification Record), Item 6 (Military Occupational Specialties), shows AOC 42A, Administrative and Personnel Systems Management Officer, awarded on 22 September 1966; and AOC 54A, Operations Plans and Training Officer, awarded on 7 December 1984.  This form does not show the applicant being awarded the AOC for Civil Affairs.

10.  Army Regulation 635-5, Interim Change Number 1 dated 2 October 1989, states that for Item 11 (Primary Specialty) you enter the primary Military Occupational Specialty (MOS) or AOC, and all additional MOS.AOC served for a period of one year or more during the Soldier's continuous active military service.  For Item 12f (Foreign Service), you enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).  For Item 14 you list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant completed the Civil Affairs Officer Advanced Course, he did not do so during either of the two periods of active duty for which he was issued a DD Form 214.  As such, this training is appropriately not listed on either of his DD Forms 214.

2.  Since there is no evidence that the applicant was awarded the AOC of Civil Affairs, that AOC is properly not reflected on his DD Form 214 for the period ending 29 January 1991.

3.  Since the entry of training and award of AOC are the only two means to show qualification in a functional area, there is no basis for entering the applicant's Civil Affairs qualification on his DD Form 214.

4.  Since the applicant states that he served in Germany in 1986 and 1988 and he was never given a DD Form 214 which covered those years, the foreign service for those years would not have been included in the applicant's DD Form 214 issued in 1991.  However, it is noted that the applicant had been awarded the Army Reserve Component Overseas Training Ribbon which shows that he served overseas as a Reservist.

5.  Likewise, the applicant's MSM, which was issued 2 years after he was issued his last DD Form 214 in 1991, could not have been entered on that form.  A DD Form 214 records a Soldier's record of service until the date of separation from active duty.  It does not record future events.

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.




      _______ _  XXX_____   ___
               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)                                         AR20090017209





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ABCMR Record of Proceedings (cont)                                         AR20090017209



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