IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120000213 


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 show:

	a.  military occupational specialty (MOS) 71L1O (Administrative Specialist) in item 11 (Primary Specialty);

	b.  he was awarded or authorized the Army Service Ribbon, Army Achievement Medal(s), Korea Defense Service Medal, "Korean Unit Citation," and Overseas Service Ribbon;

	c.  vehicle and operator training, Korea Fall/Winter Driver Training Course, and Driver Improvement Training Course; and

	d.  his appointment as a military postal clerk.

2.  He states he is requesting these corrections to aid with veterans' preference for future job opportunities and for veterans' exemption for vehicle registration and tax exemption.

3.  He provides:

* DD Form 214
* 2nd Infantry Division Driver Improvement Training Card
* Optional Form 346 (U.S. Government Motor Vehicle Operator's Identification Card)
* DD Form 285 (Appointment of Military Postal Clerk, Unit Mail Clerk, or Mail Orderly)
* Camp Casey Transition Center Orders 156-004

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.  His military records show he enlisted in the Regular Army on 4 September 1997.

3.  His DA Form 3286-63 (Statement for Enlistment) shows he enlisted for MOS 71L.

4.  The U.S. Army Human Resources Command (HRC) Integrated Web Services (IWS) site shows he was assigned to a unit in Korea on 22 August 2000.

5.  His records maintained in the interactive Personnel Electronic Records Management System contain Bravo Detachment, 509th Personnel Services Battalion, Permanent Orders 036-505, dated 6 February 2001, awarding him the Army Good Conduct Medal (1st Award) for the period 5 September 1997 through 4 September 2000.  The standard name line of these orders show his unit was Headquarters and Headquarters Battery, 5th Battalion, 5th Air Defense Artillery, Korea.

6.  Camp Casey Transition Center Orders 156-004, dated 5 June 2001, show his primary MOS as 71L1O.

	a.  These orders further show his unit mailing address as Army Post Office 96258 (Korea).

	b.  Additional instruction (f) shows he was authorized shipment of household goods and unaccompanied baggage for his grade to his home of record or place of entry on active duty.

7.  On 13 July 2001, he was honorably released from active duty due to hardship and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 10 months, and 10 days of creditable active service.

8.  His DD Form 214 is void of any entries in item 11, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and item 14 (Military Education).

9.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Achievement Medal by proper authority.

10.  A search of the HRC unit awards web site failed to reveal that the 5th Battalion, 5th Air Defense Artillery, was cited for the Republic of Korea Presidential Unit Citation.  

11.  He provides a 2nd Infantry Division Driver Improvement Training Card; U.S. Government Motor Vehicle Operator's Identification Card; and Appointment of Military Postal Clerk, Unit Mail Clerk, or Mail Orderly Card showing training, appointment, and qualifications he received or held while in the military.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet several criteria including being engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility.


	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.

	c.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award of the Army Service Ribbon upon successful completion of initial entry training.

	d.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  For item 11, enter the titles of all MOS's served for at least 1 year and include the number of years and months served for each MOS.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  For an enlisted Soldier, specify the first five characters of the primary MOS code.

	b.  For item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog) to determine its usefulness to the Soldier after transitioning from the Army.

	c.  It does not provide for adding vehicle and or equipment operator qualifications or duty appointments.

14.  Joint Federal Travel Regulation, appendix q, part 1 shows the normal unaccompanied tour length for Korea is 12 months.

15.  Army Regulation 614-30 (Overseas Service), table 3-2, rule 1, states a Soldier who serves to within 60 days of completion of the prescribed tour is eligible for award of tour credit.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to have this medal added to his DD Form 214.

2.  The HRC IWS site shows he was assigned to a unit in Korea on 22 August 2000.  Orders 156-004 show his reporting date to the Transition Center at Fort Lewis, WA, as 13 July 2001.  Based on this, it would be reasonable to presume he served in Korea for more than 10 months.

	a.  The preponderance of evidence indicates he was authorized the Korea Defense Service Medal.  As such, it would be appropriate to add this medal to his DD Form 214.

	b.  The preponderance of evidence indicates his overseas tour in Korea was 12 months in length and that he served in Korea to within 60 days of completion of his overseas tour.  As such, it would be appropriate to add the Overseas Service Ribbon to his DD Form 214.

3.  He completed initial entry training.  Therefore, he was authorized the Army Service Ribbon and is entitled to have this ribbon added to his DD Form 214.

4.  His enlistment documents show he enlisted for training in MOS 71L.  Orders 156-004 show his primary MOS as 71L1O at the time of his separation from the military.  There is no available evidence to show he held any other MOS.  It is reasonable to presume he was awarded MOS 71L after completing approximately 3 months of initial entry training and held this MOS throughout the remainder of his service.  As such, it would be appropriate to amend item 11 of his DD Form 214 to show "71L1O Administrative Specialist 3 years and 7 months."

5.  There is no evidence his unit was cited for the Republic of Korea Presidential Unit Citation for a period that included the time he was assigned to the unit.  As such, there is no basis for adding this unit award to his DD Form 214.

6.  There is no evidence he was awarded the Army Achievement Medal.  As such, there is an insufficient basis to add this medal to his DD Form 214.

7.  Army Regulation 635-5 does not provide for adding the applicant's vehicle and or equipment operator qualifications or his appointment as a military postal clerk to his DD Form 214.

8.  There is no evidence with which to determine whether the Korea fall/winter driver training or driver improvement training courses meet the criteria for inclusion on his DD Form 214.  As such, there is an insufficient basis for which to support adding these courses to his DD Form 214.

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 to show:

	a.  his primary specialty as "71L1O Administrative Specialist 3 years 7 months" and

	b.  he was awarded or authorized the Army Good Conduct Medal (1st Award), Korea Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

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:

* Army Achievement Medal
* Republic of Korea Presidential Unit Citation
* vehicle and or equipment operator qualifications
* Korea Fall/Winter Driver Training Course


* 2nd Infantry Division Driver Improvement Training Course
* appointment as a military postal clerk




      _____________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)                                         AR20120000213



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ABCMR Record of Proceedings (cont)                                         AR20120000213



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