BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100026587 


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 item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 97E2O (Human Intelligence Collector) as his primary military occupational specialty (PMOS).  He also requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the Joint Service Commendation Medal.

2.  The applicant states he was under tremendous stress and anxiety at the time of his separation and failed to pay attention to detail.

3.  The applicant provides:

* DD Form 214, dated 10 October 2003
* Noncommissioned Officer Evaluation Report (NCOER), dated 2 September 2003
* U.S. Army Intelligence School Diploma, dated 3 August 2002
* Permanent Order Number 265-0001

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.  With 3 years of prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 21 August 1993, in pay grade E-3.  He was subsequently promoted to E-4.  He remained a member of the USAR through continuous reenlistment.

3.  On 19 March 1997, U.S. Army 63rd Regional Support Command 
Orders 078-4 were published promoting the applicant to sergeant (E-5), effective 20 March 1997.  He was promoted to staff sergeant (E-6), effective 19 February 2001.

4.  The applicant was ordered to active duty in support of Operation Enduring Freedom, effective 16 January 2003.  

5.  On 24 September 2003 Joint Task Force Guantanamo (JTF GTMO), Public Orders (PO) Number 265-0001 were published awarding him the Joint Service Commendation Medal.

6.  He was released from active duty (REFRAD) on 10 October 2003.  Item 11 on the DD Form 214 he received shows his primary MOS as 71L2O (Administrative Specialist).  It shows that he served in MOS 71L2O for 0 years and 9 months.  Item 13 shows the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The applicant's NCOERs show his PMOS as 97E3L (Human Intelligence Collector).  

8.  The applicant submits a copy of his U.S. Army Intelligence School Diploma, which shows he successfully fulfilled the requirements of instruction prescribed for the 301-97E1O Human Intelligence Collector Phase 4, on 3 August 2002.  He also submits a copy of JTF GTMO, PO Number 265-0001 showing he was awarded the Joint Service Commendation Medal.

9.  A review of the applicant's records does not show that he was awarded MOS 71L2O.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.  It directs that the titles of all MOSs or areas of concentration (AOC) served in for at least one year will be entered in item 11 and will include the number of years and months served.  It states in item 13, enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  

11.  Army Regulation 611-201 (Military Occupational Classification Structure, Development and Implementation), paragraph 1-8, provides that the skill level denotes the level of qualification in total MOS.  The skill level identifies the skills, proficiency, or ability typically required for successful performance at the grade with which the skill level is associated.  Skill level 3 is associated with staff sergeant (E-6).

12.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting documentation has been considered.



2.  The available records shows he served in PMOS 97E3L from 16 January 2003 until he was REFRAD on 10 October 2003.  

3.  Item 11 on his DD Form 214 should be corrected to show "97E3L – Human Intelligence Collector – 9 Months."

4.  Item 13 should be corrected to show he was awarded the Joint Service Commendation Medal and the Global War on Terrorism Service Medal.

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 deleting the current entry in item 11 on his DD Form 214 dated 10 October 2003, and adding the following entries:

* In item 11, "97E3L – Human Intelligence Collector – 9 Months"
* In item 13, "Joint Service Commendation Medal"
* In item 13, "Global War on Terrorism 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)                                         AR20100026587



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026587



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1