BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100013125 


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 Item 11 (Primary Specialty) of his DD Form 
214 (Certificate of Release or Discharge from Active Duty) be corrected to show
the accurate time served in each Primary Military Occupational Specialty (PMOS) and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) corrected to show award of the Presidential Unit Citation.

2.  The applicant states the time listed in each MOS is wrong and should read:

* 13F3L, Fire Support Specialist - 6 years - 9 months
* 63B3L, Light Wheel Vehicle Mechanic - 4 years - 8 months
* 93C2O, Air Traffic Control Operator - 9 years - 6 months

3.  Further, he contends that he served in two units that were awarded the Presidential Unit Citation and he never received this award after returning from Iraq.

4.  The applicant provides the following:

* DD Form 214, effective 28 February 2005
* Enlisted Record Brief, dated 5 April 2004
* Headquarters, Joint Readiness Training Center (JRTC) and Fort Polk, Permanent Orders Number 100-310, dated 10 April 2003
* Approved Request for Voluntary Retirement, dated 19 May 2004


* U.S. Total Army Personnel Command memorandum, Subject:  Recommendation for Award of the Presidential Unit Citation, dated 
10 September 2003, for the 3d Infantry Division (Mechanized), period covered 19 March 2003 to 1 May 2003, with citation, certificate, and list of supporting units
* Presidential Unit Citation certificate, 2nd Armored Cavalry Regiment, 1st Armored Division, for the period 6 April 2003 to 15 June 2004
* Proof of Service Memorandum, dated 1 April 2004
* Memorandum for Record, Subject:  Wear of 1AD Unit Awards, dated 
2 October 2004
* Certificate of Training, 63B (Light Wheeled Vehicle/Power Generation Mechanic Course), completed on 1 July 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 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's record shows he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program on 10 January 1985 and later enlisted in the Regular Army on 4 February 1985.

3.  Permanent Orders Number 100-310, dated 10 April 2003, show he was assigned to and deployed with the 2nd Squadron, 2d Armored Calvary Regiment, in support of Operation Enduring Freedom on or about 22 April 2003.

4.  A review of his official military record shows he successfully completed the indicated MOS training:

* 63B - Certificate of Training, dated 1 July 1985
* 93C - item 6 (Military Occupational Specialties) of his DA Form 2-1 (Personnel Qualification Record), shows the entry 19 October 1989
* 13F - Fire Support Specialist Diploma, dated 27 May 1998

5.  On 28 February 2005, he retired from active duty in the rank of staff sergeant (which meant he should have held skill level "3" in all his MOSs).  The DD Form 214 issued to him upon his retirement confirms he completed a total of 20 years and 27 days of active military service.  Item 11 shows the following:

* 13F3L - 3 years - 4 months
* 63B3L - 19 years - 7 months
* 93C2O - 9 years - 1 months

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list the Army Commendation Medal (2nd Award), Army Achievement Medal (5ht Award), Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Korea Defense Service Medal, Overseas Service Ribbon (3rd Award), and the Driver and Mechanic Badge with Mechanic Bar.

7.  Item 18 (Remarks) of his DD Form 214 shows he deployed in support of Operation Iraqi Freedom from 26 April 2003 to 4 April 2004 with duty in Baghdad.

8.  Documents provided by the applicant show the Presidential Unit Citation was awarded to the following units:

	a.  The 3rd Infantry Division (Mechanized) for the period 19 March 2003 to 
1 May 2003.  The 2nd Squadron, 2nd Armored Calvary Regiment, Fort Polk, LA is listed as a supporting unit; and

	b.  The 2nd Armored Cavalry Regiment, 1st Armored Division, for the period 
6 April 2003 to 15 June 2004.

9.  The U.S. Army Human Resources Command, Awards and Decorations website lists approved unit awards that are or will be announced in Department of the Army General Orders.  The website shows the 2d Squadron, 2d Armored Cavalry, 3d Infantry Division, was awarded the PUC for the period 30 March 2003 to 1 May 2003.
  
10.  Army Regulation 635-5 (Separations Document) prescribes policy and procedures regarding separation documents.  It states in Item 11 the titles of all MOS's served in for at least 1 year on the Soldier's Enlisted Record Brief (ERB) and the number of years and months served will be entered.  For time determination, 16 days or more count as a month.  The MOS is the first three characters of the MOS code (e.g., 63B is the MOS, 63B3L is the MOS code).
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have item 11 of his DD Form 214 corrected to show the accurate time he held each MOS and item 13 show the award of the Presidential Unit Citation was found to have merit.

2.  The available evidence shows he held three MOSs during his active duty period of service:

* 63B, 1 July 1985 to 28 February 2005 (19 years, 8 months)
* 93C, 19 October 1989 to 28 February 2005 (15 years, 4 months, 10 days)
* 13F, 27 May 1998 to 28 February 2005 (6 years, 9 months, 2 days)

3.  The time held for each specialty was incorrectly recorded on his DD Form 214.  In addition, the skill level for MOS 93C incorrectly showed "2" instead of "3."  Therefore, his record should be corrected to show the correct lengths of time.

4.  The evidence clearly shows he served in support of Operation Iraqi Freedom from 26 April 2003 to 4 April 2004 and was assigned to the 2nd Squadron, 2nd Armored Cavalry Regiment which supported the 3rd Infantry Division from 
30 March 2003 to 1 May 2003, when it was awarded the Presidential Unit Citation.  He was also assigned to the 2nd Squadron, 2nd Armored Cavalry Regiment, 1st Armored Division during 6 April 2003 to 15 June 2004, when it was awarded the Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show award of two Presidential Unit Citations.

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 amending his DD Form 214 to delete the entries in item 11 and add the following:

* 63B3L (Light Wheel Vehicle Mechanic) - 19 years and 8 Months
* 93C3O (Air Traffic Control Operator) - 15 years and 4 months
* 13F3L (Fire Support Specialist) - 6 years and 9 months

2.  Further, the Presidential Unit Citation (2nd award) should be added to item 14 of his DD Form 214.

3.  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 correcting his DD Form 214 to show he held MOS 93C2O for 9 years and 6 months or MOS 63B3L for 4 years and 8 months.




      _______ _ 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)                                         AR20100013125





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ABCMR Record of Proceedings (cont)                                         AR20100013125



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