IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019919 


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 items 11 (Primary Specialty), 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states:

* item 11 on his DD Form 214 should be corrected to show he served in military occupational specialty (MOS) 12B2O (combat engineer) for 2 years and in MOS 12B3O for 4 years
* item 13 on his DD Form 214 should be corrected to show award of the Republic of Korea War Service Medal (ROKWSM) and the Korean Service Medal (KSM)
* he completed the Sapper Leader Course in 1986

3.  The applicant provides:

* two applications
* DD Form 214
* excerpt on the ROKWSM
* Certificate of Training




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 enlisted in the Regular Army on 11 February 1982.  He successfully completed One Station Unit Training and was awarded MOS 12B1O (combat engineer).  He served in Korea from 3 June 1982 to 31 May 1983.  Orders, dated 27 February 1985, show the applicant was awarded primary MOS 12B2O effective 1 March 1985.  Orders, dated 23 October 1986, show the applicant was awarded primary MOS 12B3O effective 1 November 1986.  On 
26 September 1991, he was honorably discharged for reason of physical disability with severance pay.

3.  Item 11 on his DD Form 214 shows the entry "12B2X COMBAT ENGINEER//3 YEARS AND 4 MONTHS//DRILL SERGEANT//1 YEAR AND 
11 MONTHS//NOTHING FOLLOWS."  Item 13 on his DD Form 214 shows the Army Commendation Medal with First Oak Leaf Cluster, Army Achievement Medal with Third Oak Leaf Cluster, National Defense Service Medal, Good Conduct Medal (2nd Award), Army Service Ribbon, Oversea Service Ribbon (2), Noncommissioned Officer Professional Development Ribbon (2), Drill Sergeant Identification Badge, Driver and Mechanic Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.  Item 14 on his DD Form 214 does not show the Sapper Leader Course. 

4.  The applicant provided a Certificate of Training which shows he completed the Sapper Leader Course in 1986 at Fort Leonard Wood, Missouri.

5.  Army Regulation 600-8-22 (Military Awards) states that the ROKWSM is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service 
prescribed must have been performed as follows:  (1) while on permanent assignment, (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (3) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

6.  Army Regulation 600-8-22 states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

7.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet other specified criteria.

8.  Army Regulation 600-8-22 states the Sapper Tab was established on 
28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, for item 
11, enter from the Enlisted Record Brief the titles of all MOS served for at least 1 year and includes for each MOS the number of years and months of service.   
The regulation also provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Training courses for combat skills will not be listed.  

10.  Information obtained from Wikipedia states the Sapper Leader Course is a 
28-day course operated by the U.S. Army Engineer School at Fort Leonard Wood, Missouri.  Skills taught include demolition.  A sapper or combat engineer is a Soldier who performs a variety of combat engineer duties.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 11 on his DD Form 214 is incorrect.  However, the governing regulation states the titles of all MOS served for at least 1 year would be entered in item 11.  The title of the applicant's MOS is 12B which is properly shown in item 11.  Therefore, there is no basis for granting the applicant's request to amend item 11 on his DD Form 214.    

2.  The applicant did not serve a period of qualifying service for award of the ROKWSM or the Korean Service Medal.  Therefore, there is no basis for granting his request for these medals.  However, he may have meant the KDSM for which he served a period of qualifying service.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Evidence of record shows the applicant completed the 28-day Sapper Leader Course at Fort Leonard Wood, Missouri in 1986.  Although this course is intended for those who perform combat engineer duties, demolition skills are taught at the course, which can have a civilian application.  Therefore, item 14 on his DD Form 214 should be corrected to show this course.  In addition, the applicant is entitled to award of the Sapper Tab and correction of his DD Form 214 to show this tab.   

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:

	a.  awarding him the Sapper Tab;

	b.  adding the Sapper Tab and KDSM in item 13 on his DD Form 214; and

	c.  adding the entry "Sapper Leader Course, 4 weeks, 1986" in item 14 on 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 amending item 11 on his DD Form 214 or award of the ROKWSM and Korean Service Medal.  




      _______ _ 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)                                         AR20090019919





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019919



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1