IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110016430 


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 add:

* the special qualification identifier (SQI) "L" to his military occupational specialty (MOS)
* his Meritorious Service Medal
* his Master Gunner Course
* an entry showing his last deployment

2.  The applicant states the above information was not included on his DD Form 214.

3.  The applicant provides:

* three Defense Activity for Non-Traditional Education Support (DANTES) Score Reports from the Educational Testing Service, Princeton, NJ
* DD Form 2586 (Verification of Military Experience and Training), dated 1 September 2000
* DD Form 638 (Recommendation for Award), dated 16 April 2001, and a certificate for the award of the Meritorious Service Medal
* Certificate of Training for the 53rd Transportation Battalion Master Gunner Course
* undated letter from the 546th Transportation Company
* 
Headquarters, U.S. Army Forces Central Command, Permanent Orders 17-21, dated 30 January 1992
* 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 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.  On 31 July 2001, he was honorably retired and placed on the Retired List the following day.  He was issued a DD Form 214 with a separation date of 31 July 2001.

	a.  Item 11 (Primary Specialty) shows his MOS as 88M3O00.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Army Lapel Button
* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with 	Numeral 2
* Army Service Ribbon
* Kuwait Liberation Medal (Kuwait)
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

	c.  Item 14 (Military Education) does not include the Master Gunner Course.

	d.  Item 18 (Remarks) does not include an entry showing his deployment during Operations Desert Shield/Desert Storm.

3.  The DANTES Score Reports he submits show he tested on 31 July 1992 for:

* Beginning Spanish I
* Beginning Spanish II
* College Spanish Levels I and II with subtests for reading and listening

4.  The DD Form 2586 he submits shows he had language proficiencies as follows.  However, the form does not indicate the last date he was evaluated.

	a.  Spanish-American

* listening – limited working proficiency, plus
* reading – limited working proficiency
* speaking – unknown proficiency

	b.  Spanish

* listening – limited working proficiency, plus
* reading – limited working proficiency
* speaking – unknown proficiency

5.  There is no DA Form 330 or DA Form 330-E (Language Proficiency Questionnaire) in his official military personnel file (OMPF).

6.  The DD Form 638 and the Meritorious Service Medal Certificate he submits show Permanent Order Number 157-2, dated 6 June 2001.

7.  The Certificate of Training he submits shows he completed the 53rd Transportation Battalion Master Gunner Course (40 hours) on 7 March 1994.

8.  He submits an undated letter from the 546th Transportation Company that verifies he was assigned to Saudi Arabia from 19 August 1990 to 26 March 1991.

9.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) states SQI's are authorized for use with any MOS and skill level character, unless otherwise specified, to identify special requirements.  Assignment of SQI "L" requires Soldiers to meet listening, comprehension, and reading comprehension for foreign languages requirements outlined in Army Regulation 611-6 (Army Linguist Management).

10.  Army Regulation 611-6 (Army Linguist Management), then in effect, set policies and procedures for the management of Army linguists.

	a.  Paragraph 3-11 (Reevaluation) stated individuals with a language proficiency who were not trained at government expense were encouraged to be reevaluated annually so that a current linguist file could be maintained.

	b.  Paragraph 3-17 (Language Proficiency Questionnaire) stated the DA Form 330 or DA Form 330-E was the sole-source document for reporting foreign language proficiency.

	c.  Paragraph 3-22 (Award and Withdrawal of SQI "L") stated:

		(1)  The SQI "L" was awarded by local Personnel Support Centers to all enlisted personnel who obtained a minimum proficiency level of 2 in listening and in either speaking or reading.

		(2)  The SQI "L" was withdrawn if an individual failed to meet the minimum proficiency level of 2.

	d.  Appendix D (Interagency Language Roundtable Language Skill
Level Descriptions) defined level 2 as limited working proficiency and level 2+ as limited working proficiency, plus.

11.  Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal-Saudi Arabia awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in item 14.  The information entered in item 14 is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	b.  When an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 2586 he submits does not indicate when he attained his language proficiencies or whether he has been revaluated.  There is no DA Form 330 or DA Form 330-E in his OMPF.  Therefore, there is insufficient evidence to add the SQI "L" to his MOS.

2.  The DD Form 638 and certificate he submitted both cite the permanent order awarding him the Meritorious Service Medal.  Therefore, this is sufficient evidence to add this award to his DD Form 214.

3.  Military education indicating combat skills are not listed on a Soldier's DD Form 214.  Therefore, it would be inappropriate to add the Master Gunner Course to his DD Form 214.

4.  The undated letter from the 546th Transportation Company shows he was assigned in Saudi Arabia from 19 August 1990 to 26 March 1991.   Therefore, the entry "SERVICE IN SAUDI ARABIA FROM 19900819-19910326" should be added to item 18 of his DD Form 214.  In addition, he is authorized the Kuwait Liberation Medal-Saudi Arabia for this service.

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 amending his DD Form 214 as follows:

	a.  item 13 – adding the:

* Meritorious Service Medal
* Kuwait Liberation Medal-Saudi Arabia

	b.  item 18 – adding the entry "SERVICE IN SAUDI ARABIA FROM 19900819-19910326."

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 adding the SQI "L" and Master Gunner Course to his 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)                                         AR20110016430



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ABCMR Record of Proceedings (cont)                                         AR20110016430



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