IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110021970 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Army Commendation Medal (ARCOM) and his military occupational specialty (MOS) of 16D2O (Hawk Missile Crewman).

2.  The applicant states he was awarded the ARCOM after his release from active duty (REFRAD) and it was not added to his DD Form 214.  He also states his DD Form 214 incorrectly reflects his MOS as an automotive repair parts specialist instead of a launcher crewman.  He states that while he was school-trained in supply, he was transferred to Germany and subsequently was given on-the-job training as a launcher crewman in MOS 16D.

3.  The applicant provides a one-page statement in support of his application and copies of his DD Form 214 and ARCOM Certificate and Citation.

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 enlisted in the Regular Army on 27 August 1970 for a period of 3 years and training in Army career field 76 (Supply).  He completed basic training at Fort Jackson, South Carolina, and advanced individual training as a supply clerk at Fort Polk, Louisiana, before being transferred to Germany on 13 February 1971 for assignment to an Air Defense Artillery (ADA) battery for duty as a supply clerk.  On 12 May 1971, he was advanced to pay grade E-4 and his primary MOS (PMOS) was changed to 76S2O (automotive repair parts specialist).

3.  On 16 June 1971, he was awarded secondary MOS (SMOS) 16D2O.  He was promoted to pay grade E-5 on 3 July 1972 in his SMOS.

4.  He departed Germany on 20 August 1973 and was transferred to Fort Jackson, South Carolina where he was honorably REFRAD on 22 August 1973 as an overseas returnee.  He completed 2 years, 11 months, and 26 days of active service.  His DD Form 214 issued at the time of his REFRAD shows his specialty as "76S2O 12 May 1971 Automotive Repair Parts Specialist" in block 23a (Specialty Number and Title).  His DD Form 214 also shows he was awarded the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  A review of the applicant's official records failed to reveal a copy of orders awarding him the ARCOM and the applicant did not provide a copy of orders along with the ARCOM Certificate and Citation.

6.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 600-200 (Enlisted Personnel) served as the authority for the promotion of enlisted personnel.  The regulation in effect at the time provided that if the MOS in which promotion is to be made is not individual's PMOS, it will be designated as the PMOS at the time of promotion.  MOS 16D does not have a related civilian occupation and Dictionary of Occupational Titles (DOT) number.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided that only the PMOS would be listed in block 23a, along with the date the PMOS was awarded and the title of the PMOS.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded the ARCOM is not in doubt, orders are required for that award to be added to his records.  In the absence of orders, there appears to be no basis to add the ARCOM to his records at this time.

2.  Inasmuch as the applicant was promoted to pay grade E-5 in MOS 16D2O and was serving in that MOS at the time of his REFRAD, his DD Form 214 should reflect his PMOS as 16D2O – Hawk Missile Crewman.

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 the entries from block 23a and block 23b (Related Civilian Occupation and DOT Number) of his DD Form 214
* adding "16D2O  3 Jul 72  Hawk Missile Crewman" to block 23a of his DD Form 214
* adding "N/A" to block 23b of his 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 adding award of the ARCOM to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110021970



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ABCMR Record of Proceedings (cont)                                         AR20110021970



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