BOARD DATE:	 20 March 2012  

		DOCKET NUMBER:  AR20110017929 


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) for the period ending on 27 July 2008 as follows:

* Item 11 (Primary Specialty) to list the military occupational specialties (MOS) of: 

* 54B (NBC (Nuclear, Biological, and Chemical) Specialist)
* U.S. Marine Corps (USMC) MOS for Weapons Instructor

* Item 12a (Date Entered AD (Active Duty) This Period) to show the correct date he entered on AD
* Item 12c (Net Active Service This Period) to show the correct credit of net active service between the dates in Items 12a and 12b (Separation Date This Period)
* Item 12f (Foreign Service) to show he served in Afghanistan
* Item 13 (Decorations, Medals, Badges, Citation, and Campaign Ribbons Awarded or Authorized) to list the:

* Kuwait Liberation Medal
* Kuwait Freedom Medal
* Combat Action Badge (CAB)
* Meritorious Service Medal (2nd Award)

2.  The applicant states:

* Item 11 does list the NBC NOC or Weapons Instructor for the USMC
* Item 12c gives him the wrong amount of time which equals to only 23 years of active service.  The dates in Items 12a and 12d do not add up to Item 12c
* He entered the USMC on 27 September 1982 and was honorably discharged on 10 October 1990
* He joined the Army National Guard (ARNG) in March 1991 and was discharged on 27 July 2008; there was only a 4 months break in service
* The Kuwait Liberation Medal, Kuwait Freedom Medal [sic (Kuwait Liberation Medal awarded by the Government of Kuwait)], Combat Action Badge for Afghanistan, and Meritorious Service Medal (2nd Award) are not listed in Item 13 of his 2008 DD Form 214

3.  He provides a copy of his DD Form 214 for the period ending 27 July 2008.

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 requests award of the CAB.  However, there are no orders or other evidence in his records confirming award of this badge.  There is also no evidence he submitted an application for this award to the Commander, U.S. Army Human Resources Command (AHRC), ATTN: Veteran Services, 1600 Spearhead Avenue, Fort Knox, KY 40122.  He may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 
The portion of his request pertaining to award of the CAB will not be discussed further in the Record of Proceedings.

3.  The applicant’s military record shows he enlisted in the USMC on 27 September 1982 and he was awarded MOS 7041 (Aviation Operation Specialist) on 1 March 1983.  He was discharged on 10 October 1985 for immediate reenlistment.  His DD Form 214 for this period of service shows he completed 3 years of creditable active service. 

4.  He reenlisted in the UCMC on 11 October 1985 and he was honorably discharged on 10 October 1990.  His DD Form 214 for this period of service show he completed 8 years of creditable active service and he had previously completed 3 years and 14 days of prior active service.  This form also shows the MOS of 7041 in Item 11.

5.  He enlisted in the District of Columbia ARNG (DCARNG), in pay grade E-4, on 28 March 1991.  He was issued multiple orders directing the following MOS actions:

* awarded primary MOS (PMOS) 95B10 (Military Police) and secondary MOS (SMOS) 67N10 (Utility Helicopter Repairer) effective 12 April 1992
* awarded PMOS 95B20 and SMOS 54B20 effective 12 May 2000
* awarded PMOS 31B30 (Military Police), SMOS 74D30 (Chemical Operations Specialist) and additional MOS (AMOS) 15P30 (Aviation Operations Specialist) and withdrew PMOS 95B30, SMOS 54B30, and AMOS 93P30 (Aviation Operations Specialist) effective 1 May 2004
* awarded PMOS 31B40 and SMOS 74D40 and withdrew PMOS 31B30 and SMOS 74D30 effective 28 October 2004

6.  He was ordered to active duty in support of Operation Nobel Eagle on 1 October 2001.  He was honorably released from active duty on 12 October 2002.  The DD Form 214 he was issued for this period of service shows he completed 1 year and 12 months of creditable active service. This form also shows the MOS of 95B in Item 11.

7.  He was again ordered to active duty in support of Operation Enduring/Iraqi Freedom on 7 July 2003.  He subsequently served in Afghanistan from 23 August 2003 to 16 May 2004.  He was honorably released from AD on 27 June 2004 and was transferred to a Reserve unit.  The DD Form 214 he was issued for this period of service shows in:

* Item 12a - he entered AD on 7 July 2003
* Item 12b - he was released from AD on 27 June 2004
* Item 12c credited him with 11 months and 21 days of active service
* Item 12d (Total Prior Active Service) credited him with 17 years, 6 months, and 26 days of prior active service
* Item 12f credited him with 8 months and 24 days of foreign service
* Item 13 does not list the Kuwait Liberation Medal, Kuwait Freedom Medal, or the Meritorious Service Medal (2nd Award)
* Item 18 contains the entry, "Service in Afghanistan from 20030823-20040516"

8.  He was again ordered to active duty to participate in medical processing for a period of 5 months and 26 days, with a reporting date of 19 July 2007.  He entered active duty on 19 July 2007.  He was honorably retired on 27 July 2008 in pay grade E-8, by reason of permanent disability.  The DD Form 214 he was issued for this period of service shows in:

* Item 11 – 31B40 Military Police – 15 Years, 7 Months/15p (Aviation Operations Specialist – 8 Years, 1 Months//Nothing Follows
* Item 12a - he entered AD on 28 June 2004
* Item 12b - he was retired on 27 July 2008
* Item 12c credited him with 1 year, 2 months, and 1 day of active service
* Item 12f shows zero foreign service credit
* Item 13 does not list the Kuwait Liberation Medal, Kuwait Freedom Medal, or Meritorious Service Medal 92nd Award)
* Item 18 does not show he was deployed to Afghanistan

9.  There are no orders in his records awarding him the MSM (2nd Award).  Item 9 (Awards, Decorations, and Campaign) of his DA Form 2-1 does not list the Meritorious Service Medal (2nd Award).

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* Item 11, enter the title of all MOS served for at least one year and include for each MOS the number of years and months served
* Item 12b, enter the Soldier's transition date during the period covered by the DD Form 214
* Item 12c, enter the amount of service completed, less lost time, during the period covered by the DD Form 214
* Item 12 (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

11.  Army Regulation 600-8-22 (Military Awards) provides that the Kuwait Liberation Medal 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.  And the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

12.  Army Regulation 600-8-22 further states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster designated second or subsequent award.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was ordered to active duty to participate in medical processing and entered active duty on 19 July 2007.  He was honorably retired on 27 July 2008, by reason of permanent disability. 

	a.  During the period of service covered by this DD Form 214, he served on active duty for a period of 1 year and 9 days.  His DD Form 214 inadvertently listed his date of entry as 28 June 2004 and credited him with completion of 1 year, 2 months, and 1 days of service.  

	b.  Therefore, he is entitled to correction of Items 12a of this DD Form 214 to show he entered active duty on 19 July 2007.  He is also entitled to correction to Item 12c to show he completed 1 year and 9 days of active service this period.

2.  The evidence of record also shows he enlisted in the USMC and served in MOS 7041 (Aviation Operations Specialist).  At the time of his discharge from the USMC he was issued a DD Form 214 showing this MOS.  He enlisted in the DCARNG on 28 March 1991.  He served on AD from 2001 to 2002 and from 2003 to 2004.  He was issued DD Forms 214 at the end of each period of active duty.  

3.  The evidence also confirms he served on active duty From 7 July 2003 through 27 June 2004.  He was issued a DD Form 214 for this period of service which properly credited him with service in Afghanistan during the period covered by this DD Form 214.  There is no indication he again served in Afghanistan during the period covered by the DD Form 214 ending on 27 July 2008.  Therefore, he is not entitled to correction to his 2008 DD Form 214 to show his service in Afghanistan from 2003 to 2004.

4.  The evidence further shows he was awarded SMOS 74D effective 1 May 2004 and served in this SMOS.  In accordance with regulatory guidance the first five characters of the PMOS will be listed in Item 11.  Neither the evidence submitted with his application nor the evidence of record supports his request nor does it establish that Item 11 of his DD Form 214 ending on 27 July 2008 should also reflect MOS 74D.  Therefore, he is not entitled to a correction of Item 11 of his 2008 DD Form 214.

5.  There is no evidence that show he served in Southwest Asia in support of Operation Desert Shield/Desert Storm and during his period of active duty and DCARNG service.  He did not complete a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and/or the Kuwait Liberation Medal-Kuwait.  Therefore, he is not entitled to a correction of his DD Form 214 for the period ending 27 July 2008 to reflect these awards.

6.  He contends that he was awarded two awards of the Meritorious Service Medal; however, there are no orders in his records and he provides none authorizing him a second award of the Meritorious Service Medal.  The regulation stipulates that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Meritorious Service Medal.  

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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:

* deleting from Item 12a of the applicant's DD Form 214 for the period ending 27 July 2008 the entry "2004  06  28" and replacing it with the entry "2007 07  19"
* deleting from Item 12c of his 2008 DD Form 214 the entry "0001  02  01" and replacing it with the entry "0001  00  09"

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:

* adding to Item 11 of his 2008 DD Form 214 the military occupational specialty 54B or USMC MOS 70-41
* showing in Items and 12f and 18 of his 2008 Form 214 his foreign service in Afghanistan
* adding to Item 13 of his 2008 DD Form 214 the Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Meritorious Service Medal (2nd Award)



      _______ _ 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)                                         AR20110017929





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ABCMR Record of Proceedings (cont)                                         AR20110017929



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