IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110000965 


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) as follows:

* Item 11 (Primary Specialty) to show his special qualification identifier (SQI) of "H" (Instructor)  and his additional skill identifier (ASI) of "2B" (Air Assault)
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show Army Achievement Medal "(4th Award)" vice "(3rd Award)"
* Item 13 to show awards of the Army Commendation Medal, Korea Defense Service Medal, Global War on Terrorism Service Medal, and the National Defense Service Medal (2nd Award)
* Item 14 (Military Education) to show the infantry Basic Noncommissioned Officer Course (BNCOC)

2.  The applicant states documents to correct his DD Form 214 were not available during final out processing and he was not able to schedule an appointment to make the necessary corrections.

3.  The applicant provides eight orders, two certificates of training, and a memorandum.




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 he enlisted in the Regular Army on 24 November 1993 and he held military occupational specialty (MOS) 11B (Infantryman).

3.  A DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 21 September 2000, shows he was rated for the period 2 August through 21 September 2000 for his attendance and successful completion of BNCOC at Fort Benning, GA.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 10 January 1994 to 9 January 1995 and in Alaska from 3 April 1997 to 1 April 2000.  Additionally, item 17 (Civilian Education and Military Schools) of this form shows he completed the Air Assault Course at Fort Campbell, KY, in 1995.

5.  He was honorably discharged on 8 June 2002 in the rank/grade of staff sergeant/E-6.  His DD Form 214 shows he completed 8 years, 6 months, and 15 days of creditable active service.  Additionally, this form shows in:

	a.  Item 11 the entry "11B3O."  

	b.  Item 13 the Army Achievement Medal (3rd Award), Army Superior Unit Award, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Multinational Force and Observers Medal (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Air Assault Badge.

	c.  Item 14 does not show his attendance at BNCOC, Fort Benning, GA, from 2 August through 21 September 2000.

	d.  Item 18 (Remarks) does not contain an entry that shows his service in a designated hostile fire/imminent danger area. 

6.  During the processing of this case, the Defense Finance and Accounting Service verified that the applicant received hostile fire/imminent danger pay for service in Egypt from 19 July 1998 through 25 January 1999.

7.  The applicant provides the following orders:

* Permanent Orders (PO) 306-03, dated 10 November 1994, issued by 1st Battalion, 503rd Infantry Regiment, 2nd Infantry Division, awarded him the Army Achievement Medal for the period 2 - 8 October 1994
* PO 361-07, dated 2 January 1995, issued by 1st Battalion, 503rd Infantry Regiment, 2nd Infantry Division, awarded him the Army Achievement Medal for the period 10 - 9 January 1995
* PO 016-02, dated 15 February 1997, issued by the 3rd Battalion, 187th Infantry Regiment, awarded him the Army Achievement Medal for the period 1 February 1995 - 15 February 1997
* PO 74-6, dated 14 March 2000, issued by the 2nd Battalion,1st Infantry Regiment, awarded him the Army Commendation Medal for the period 3 April 1997 - 1 April 2000
* PO 085-01, dated 26 March 2002, issued by the 3rd Battalion, 187th Infantry Regiment, awarded him the Army Achievement Medal for the period 1 June 2000 - 8 June 2002

8.  He also provides a memorandum, dated 30 June 2000, wherein it showed he graduated from the Total Army Instructor Training Course (TAITC) on 30 June 2000 and stated, in pertinent part, that NCOs should be awarded an SQI of H.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Global War on Terrorism Service Medal 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 on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  Army Regulation 614-200 (Enlisted Assignment and Utilization Management) provides guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, detail, transfer, and training.  Paragraph 3-14 provides for the SQI and the ASI.

	a.  The SQI is the fifth character of the MOS Code (MOSC) and may be used with any MOS unless restricted by certain regulations.  The fifth character of the MOSC will contain the letter "O"” when the Soldier is not qualified for an SQI.  The SQI "H" designated instructor training. 

	b.  The ASI is the sixth and seventh characters of the MOSC.  It identifies skills requiring formal school training or other criteria specified in training regulations.  The sixth and seventh characters of the MOSC will contain "00" when the Soldier is not qualified for an ASI.  The ASI "2B" designated Air Assault qualification.

11.  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.  This chapter states, in pertinent part, item 11 shows the primary specialty of the Soldier.  In this entry show the title of an MOS served for at least 1 year and specify the first 5 characters of the primary MOS which includes the first 3 characters of the MOS, the fourth character of the skill level and grade level in the MOS, and the fifth character of an SQI, if applicable.  In item 18 for active duty Soldiers deployed with his or her unit during their continuous period of active service enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example YYYYMMDD-YYYYMMDD)."





DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant successfully completed the TAITC on 30 June 2000 resulting in the award of an SQI of H.  Therefore, he is entitled to correction of item 11 of his DD Form 214 to show his MOS as 11B3H.

2.  Permanent orders awarded him the Army Commendation Medal and four awards of the Army Achievement Medal.  His DD Form 214 does not show the Army Commendation Medal and shows the Army Achievement Medal (3rd Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He served during a qualifying period for award of the Korea Defense Service Medal, Global War on Terrorism Service Medal, and a 2nd award of the National Defense Service Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He completed the 6-week BNCOC in 2000 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this service school.

5.  He served in Egypt from 19 July 1998 through 25 January 1999 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the dates of his service in Egypt.

6.  With respect to his request for correction of his DD Form 214 to show his MOS with the ASI of 2B, Army Regulation 635-5 states only the first 5 characters of the primary MOS will be shown on the DD Form 214.  Therefore, he is not entitled to the requested relief.

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 making the following corrections to his DD Form 214:

* deleting from item 11 the MOS "11B3O"
* deleting from item 13 the Army Achievement Medal (3rd Award) and the National Defense Service Medal
* adding to item 11 the MOS "11B3H"
* adding to item 13 the Army Commendation Medal, Army Achievement Medal (4th Award), Korea Defense Service Medal, Global War on Terrorism Service Medal, and National Defense Service Medal (2nd Award)
* adding to item 14 the entry "BNCOC, 6 Weeks, 2000"
* adding to item 18 the entry "Service in Egypt from 19980719 - 19990125"

2.  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 to the correction of his DD Form 214 to show his MOS with the ASI of 2B.  



      _______ _   _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)                                         AR20110000965





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ABCMR Record of Proceedings (cont)                                         AR20110000965



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