BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012247
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1985 to show award of the Career Counselor Badge.
2. The applicant states he attended school for military occupational specialty (MOS) 00E (Recruiter and Career Counselor) while assigned to Korea in 1971. He further states he served as senior career counselor for the 20th Support Group in Korea.
3. The applicant provides a copy of his:
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 1 August 1985
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 applicant enlisted in the Regular Army on 10 July 1961 and he served continuously until his retirement.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 76P (Stock Control Supplyman) on 16 March 1969 and additional MOS 00E on 2 February 1970.
4. The applicant's DA Form 20 shows he was assigned to the 20th Support Group in Korea on 5 August 1971 with the principal duty of stock control and accounting specialist. On 29 February 1972, he was assigned the duty of stock control supervisor.
5. A DA Form 2166-4 (Enlisted Efficiency Report (EER)) for the period July 1971 to December 1971, a period of 6 months, indicates the applicant's duty MOS as "00E" and Duty Position Title as "Career Counselor." However, the EER does not specifically state he was performing the duties of a career counselor. Additionally, during this period he was rated by his unit's Noncommissioned Officer in Charge (NCOIC), Supply and Maintenance.
6. On 31 March 1985, the applicant was released from active duty and placed on the Retired List the following day. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Career Counselor Badge. There are no orders in his Official Military Personnel File (OMPF) awarding him the Career Counselor Badge.
7. Army Regulation 672-5-1 (Military Awards), then in effect, stated the Career Counselor Badge was authorized for wear by enlisted personnel assigned to authorized duty positions which required MOS 00E. The badge was authorized for temporary wear only and was withdrawn when the awardee was reassigned or ceased to perform the required duties of MOS 00E.
8. Army Regulation 600-8-22 (Military Awards), currently in effect, states the award of the Career Counselor Badge is retroactive to 1 January 1972 for Soldiers who currently hold primary MOS 79S (Career Counselor) or previously held primary MOS 00E. Temporary wear of the badge is authorized for those
who served less than 12 months as primary MOS 79S since graduation from the Army Retention course. Permanent wear of the badge is authorized for Soldiers who successfully complete 12 months as primary MOS 79S since graduation from the resident Army Retention Course or who have been awarded a secondary MOS of 79S as a result of formal resident training and have performed duties as career counselor in a valid 79S position for a period of
12 consecutive months.
DISCUSSION AND CONCLUSIONS:
1. Under the regulation in effect at the time of the applicant's retirement the Career Counselor Badge was a temporary award worn only while performing the assigned duties of career counselor. Therefore, the Career Counselor Badge was a temporary organizational award and properly was not included on his
DD Form 214.
3. Under current regulations, retroactive to 1 January 1972, the Career Counselor Badge is awarded as a permanent award if the Soldier has completed at least 12 months performing the full time duties as a career counselor assigned to a valid career counselor position.
4. The applicant's DA Form 20 does not show he was assigned to a valid career counselor position for a period of 12 consecutive months. The EER of record shows he was evaluated with a duty MOS of 00E for a period of 6 months. Therefore, the applicant would have been temporarily authorized the Career Counselor Badge while performing 00E duties. However, he does not meet the qualifications for the permanent award of the Career Counselor Badge and there are no orders in his OMPF for this award.
5. In view of the foregoing, there is an insufficient basis on which to add the Career Counselor Badge to the applicant's DD Form 214.
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.
__________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) AR20100012247
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ABCMR Record of Proceedings (cont) AR20100012247
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