IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120012499 


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 he was awarded the additional skill identifier (ASI) of C8 (Transcribing/Gisting) and he was authorized two Army Superior Unit Awards (ASUA).

2.  The applicant states, in effect, he completed the requirements for award of ASI C8 and should have been awarded ASI C8.  He states that for award of ASI C8 individuals must successfully complete the U.S. Air Force Complex Signal Processor (Transcriber) Course at Goodfellow Air Force Base (AFB), Texas, or complete 6 months of on-the-job training (OJT) in a validated transcriber duty position.  He continues by stating that he qualified through OJT in the transcription shop, North Bay Collections, U.S. Army Field Station-Augsburg transcribing Russian targeted communications from electromagnetic media and gisting in real-time tasks targeting Russian voice communications.  He also states his unit was awarded the ASUA twice during his assignment and it should be reflected on his DD Form 214.

3.  The applicant provides an excerpt from Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).

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 25 June 1987 for a period of 4 years and training as an electronic warfare signal intelligence voice interceptor.  He completed basic training at Fort Leonard Wood, Missouri, and was transferred to the Defense Language Institute at the Presidio of Monterey, California, for basic Russian language training (47 weeks) and then to Goodfellow AFB for electronic warfare signal intelligence voice interceptor training (10 weeks).

3.  He was transferred to Germany on 19 February 1989 for assignment to the 712th Military Intelligence Battalion, 701st Military Intelligence Brigade.  He was advanced to pay grade E-4 on 1 August 1989.

4.  He departed Germany on 20 June 1991 and was transferred to Fort Jackson, South Carolina, where he was honorably released from active duty (REFRAD) on 21 June 1991 due to the expiration of his term of service.  He completed 3 years, 11 months, and 27 days of active service.  His DD Form 214 issued at the time of his REFRAD his primary specialty as "98H1L EW/SIGINT VOICE INTCP."

5.  His DD Form 214 also shows he was awarded or authorized the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Army Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.

6.  A review of his official records fails to show he completed 6 months of OJT necessary to qualify for award of ASI C8.  His records show that he served as an electronic warfare signal voice interceptor but do not indicate the period he served or the extent of his duties.  

7.  The documents provided by the applicant consist of a list of recently-approved awards issued by the U.S. Army Human Resources Command Awards Branch 


and show the applicant's unit was awarded the ASUA for the periods 1 January 1988-31 March 1989 and 1 January 1991-31 March 1992.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served with the 712th Military Intelligence Battalion, 701st Military Intelligence Brigade, from 19 February 1989-20 June 1991, a period in which his unit was awarded two awards of the ASUA.  Accordingly, he is entitled to have award of the ASUA (2nd Award) added to his DD Form 214.

2.  The applicant's contention that he qualified for award of ASI C8 has been noted; however, the applicant failed to show through the evidence submitted with his application and the evidence of record that such was the case.

3.  The applicant did not complete the necessary formal training required for award of ASI C8 and there is no evidence to show he met the requirements for award of ASI C8 based on OJT.  Accordingly, there appears to be no basis to award him the ASI C8 or add this ASI 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 adding award of the ASUA (2nd Award) to 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 awarding the applicant ASI C8 and adding it 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)                                         AR20120012499



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ABCMR Record of Proceedings (cont)                                         AR20120012499



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