IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027382
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:
a. item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 3 years, 11 months, and 29 days in this specialty vice the 3 years and 8 months currently shown and
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal.
2. The applicant states she completed 3 years, 11 months, and 29 days of creditable active service and the number of years and months in her specialty should match her total active service. She has tried to correct this issue before, but she was unsuccessful. Additionally, she was issued the Army Commendation Medal in 1983 but this award is not shown on her DD Form 214.
3. The applicant provides:
* letter from the U.S. Army Reserve Personnel Center, St. Louis, MO
* DD Form 214
* orders to and separation from active duty
* orders awarding her the Army Commendation Medal
* résumé
* Internet employment announcement
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 records show she enlisted in the Regular Army for 4 years on 21 August 1979. She completed basic combat training at Fort Jackson, SC, from on or about 31 August to 19 October 1979.
3. She was then reassigned to Fort Benjamin Harrison, IN, where she completed advanced individual training from on or about 19 October 1979 to on or about 17 December 1979. She was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist) on 18 December 1979.
4. She served in Germany from 10 January 1980 to 11 December 1981. She was honorably released from active duty on 19 August 1983 and she was transferred to the U.S. Army Reserve Control Group for completion of her remaining service obligation.
5. Her DD Form 214 shows she completed 3 years, 11 months, and 29 days of creditable active service. This form also shows in:
* item 11 75B2O, Personnel Administration Specialist, 3 years and 8 months
* item 13 Army Service Ribbon, Overseas Service Ribbon, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
6. Permanent Orders 161-6 issued by Headquarters, 1st Infantry Division, Fort Riley, KS, dated 9 September 1983, awarded her the Army Commendation Medal for meritorious service from 2 February 1982 to 25 August 1983.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states that item 11 shows the MOS served for at least 1 year and the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic combat and advanced individual training.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded her the Army Commendation Medal which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this award.
2. With respect to the number of years and months in her specialty, the evidence of record shows she was awarded MOS 75B on 18 December 1979 and performed in this MOS until her release from active duty on 19 August 1983, a period of 3 years and 8 months, which is properly shown on her DD Form 214. By regulation, service completed in basic combat and advanced individual training is not counted when computing the total number of years and months served in a specialty.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding the Army Commendation Medal to item 13 of her DD Form 214.
2. The Board further determined 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 showing 3 years, 11 months, and 29 days in item 11 of her DD Form 214.
____________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) AR20100027382
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ABCMR Record of Proceedings (cont) AR20100027382
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