IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100012289
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 Army Good Conduct Medal and the Army Achievement Medal and his secondary military occupational specialty (SMOS) 63B (Light Vehicle Wheel Mechanic).
2. The applicant states his DD Form 214 does not reflect all of his awards or his SMOS.
3. The applicant provides a copy of his:
* orders awarding him the Army Good Conduct Medal
* orders awarding him the Army Achievement Medal
* orders awarding him SMOS 63B
* DD Form 214
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 records show he enlisted in the Regular Army for 3 years on 7 May 1980. He completed basic combat and advanced individual training, and he was awarded primary MOS (PMOS) 63T (ITV/IFV/CFV Systems Mechanic).
3. He was honorably released from active duty on 6 May 1983 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows the following entries:
a. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows the entry "P63T1O ITV/IFV/CFV SYS[TEM] MECH[ANIC] 02 YEARS 08 MONTHS."
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Army Service Ribbon, and the [Driver and] Mechanic Badge [with Mechanic Bar].
4. Headquarters, 2nd Armored Division (Forward) published the following orders pertaining to the applicant:
* Orders 29-24, dated 31 January 1983, awarding him SMOS 63B, effective 18 January 1983
* Permanent Orders 58-3, dated 9 May 1983, awarding him the Army Good Conduct Medal for the period 7 May 1980 to 6 May 1983
* Permanent Orders 47-1, dated 19 April 1983, awarding him the Army Achievement Medal for meritorious service for the period 1 May 1982 through 30 May 1983
5. Army Regulation 635-5 (Separation Documents), in effect at the time established 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 Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It stated that for item 11, enter the MOS codes, titles, years, and months for enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded SMOS 63B on 18 January 1983 and he held this MOS for a period of 3 months until his release from active duty. Therefore, he is entitled to correction of his DD Form 214 to show this SMOS.
2. Permanent orders awarded him the Army Good Conduct Medal from 7 May 1980 to 6 May 1983 and the Army Achievement Medal for meritorious service. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
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:
* Adding to item 11 of his DD Form 214 the entry "63B1O LIGHT WHEEL VEHICLE MECHANIC 00 YEARS 03 MONTHS"
* Adding to item 13 of his DD Form 214 the Army Achievement Medal and the Army Good Conduct Medal (1st Award)
___________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) AR20100012289
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100012289
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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