IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003010
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 her DA Form 2-1 (Personnel Qualification Record - Part II) to show she was assigned to A Company, 24th Signal Battalion, vice 91st Chemical Company in 1987.
2. The applicant states this error on her DA Form 2-1 has caused the regional office of the Department of Veterans Affairs to deny her benefits.
3. The applicant provides:
* Standard Form (SF) 88 (Report of Medical Examination), dated
21 September 1988
* SFs 600 (Chronological Record of Medical Care), dated 11 March 1988,
3 October 1988, and 17 January 1989
* SF 519 (Radiological Consultation Request/Report), dated 14 June 1988
* SFs 609 (Health Record - Dental), dated 1988 and 1989
* DA Form 3355 (Promotion Point Worksheet), dated 21 February 1989
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 initially enlisted in the Regular Army on 29 September 1983. She completed basic and advanced individual training and she was awarded military occupational specialty (MOS) 54B (Chemical Operations Specialist).
3. After serving with the 194th Armored Brigade at Fort Knox, KY, she departed Fort Knox en route to Germany on or about 19 December 1986. She was assigned to the 98th Chemical Detachment on or about 21 January 1987.
4. Item 5 (Overseas Service) of her DA Form 2-1 shows she served in Germany from 19 January 1987 to 28 August 1987. Item 35 (Record of Assignments) shows that on 28 August 1987 she departed Germany en route to Fort Stewart, GA. While at Fort Stewart, she was assigned to the:
* 91st Chemical Company in duty MOS 54E, Decontamination Noncommissioned Officer (NCO), from 2 September 1987 through 5 May 1989
* F Company, 724th Support Battalion in duty MOS 54E, Nuclear, Biological, and Chemical (NBC) NCO, from 6 May 1989 through 3 January 1990
5. She again served in Germany from 22 January 1990 to 21 January 1993. She was ultimately honorably discharged on 1 December 1993.
6. She provides the following documents that listed her unit of assignment as follows:
* SF 88, dated 21 September 1988, A Company, 24th Signal Battalion
* SF 600, dated 11 March 1988, 23rd Replacement Detachment
* SF 600, dated 3 October 1988, A Company, 24th Signal Battalion
* SF 600, dated 17 January 1989, A Company, 24th Signal Battalion
* SF 519, dated 14 June 1988, A Company, 24th Signal Battalion
* SF 609, No unit of assignment
* DA Form 3355, dated 21 February 1989, A Company, 24th Signal Battalion
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the preparation of and the various entries on the DA Form 2-1. Item 35 listed the duty specialty, principal duty, and organization and station.
8. A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Armys personnel life-cycle function of sustainment.
DISCUSSION AND CONCLUSIONS:
1. Item 35 of the DA Form 2-1 listed the duty specialty, principal duty, and assigned organization and station. The source documents for such entries are the permanent change of station orders, reassignment orders, and/or intra-theater transfer orders. The DA Form 2-1 is a snapshot of a Soldier's personnel data as it was at the time it was produced or updated and it was used as an internal management tool to assist officials in processing a Soldier's assignments, reassignments, promotions, classification, and career progression.
2. Although the applicant submitted various documents that listed the applicant's unit on certain dates as A Company, 24th Signal Battalion, there are no assignment orders to this unit in her service record. It is unclear if she was assigned and/or attached to one unit vice another. More importantly, after a Soldier is discharged, this form is not normally accessible by individuals other than the Soldier and making corrections to these forms generally provides no benefit.
3. In the absence of evidence showing a mistake or omission on her DA Form
2-1 has resulted in inequity or injustice, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130003010
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003010
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013057
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * cover letter, dated 28 June 2014 * self-authored statement, marked urgent, dated 7 October 2014 * self-authored statement, continuation of cover letter, undated * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 3 October 1984 * Orders Number 201-29, dated 3 October 1984 * Orders Number 45-9, dated 6 March 1985 * DD Form 214 for the...
ARMY | BCMR | CY2008 | 20080014443
There is no indication or evidence in the applicant's records that she was enrolled in or completed Phase II of MOS 54B BNCOC as stipulated in her promotion orders. The evidence of record further shows the applicant was conditionally promoted to SSG/E-6 on 30 June 1998 in MOS 54B contingent upon her successful completion of BNCOC. With respect to the applicant's contention that she should be considered for promotion to SFC/E-7, there is no evidence that the applicant met grade and/or NCOES...
ARMY | BCMR | CY2011 | 20110003630
The applicant requests reconsideration of his request that his records be corrected to show he was attached to the Main Command Post of the 24th Infantry Division in Iraq while serving in support of Operation Desert Storm. According to the statement, the warrant officer sent the applicant to work with the 24th Infantry Division Main Command Post and he was there from February to March 1991. The ABCMR accepts as true the statement from the warrant officer that he sent the applicant to the...
ARMY | BCMR | CY2008 | 20080014155
The applicant requests, in effect, that her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show: her correct rank and pay grade; that she completed an 80-hour Nuclear, Biological, and Chemical (NBC) Officer/ Noncommissioned Officer (NCO) Course in 1984; that she completed a Basic Skills Education Program (BSEP) Math Course in 1984; and that she served in a special duty assignment in 1982. Based on the evidence of record and the evidence the applicant...
ARMY | BCMR | CY2008 | 20080018515
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Armed Forces Expeditionary Medal for operations in Lebanon and Grenada. Area of eligibility is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and...
ARMY | BCMR | CY2006 | 20060013959C071029
Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. In addition, the regulation stipulates that eligibility for the CIB for SF personnel in MOSs 18B, 18E, 18F, and 18Z accrues from 20 December 1989, and retroactive award of the CIB to SF personnel is not authorized prior to 20 December 1989. The Board determined that the evidence...
ARMY | BCMR | CY2007 | 20070013438
The applicant requests, in effect, that the Army Commendation Medal be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. The certificate the applicant provided in support of his request shows he was awarded the Army Commendation Medal for meritorious service while assigned as a training clerk with Headquarters and Headquarters Company, 72nd Signal Battalion, for the period from 4 April 1988 to 28 September 1991. The applicant's iPERMS (Integrated Personnel...
ARMY | BCMR | CY2010 | 20100026063
The applicant requests correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty), to add her secondary and additional military occupational specialties (MOSs). The applicant is therefore entitled to correction of Item 11 of her DD Form 214 to also show the entry, "76P, Materiel Control and Accounting Specialist, 01 Year 03 Months and 76Y, Unit Supply Specialist, 4 Years and 4 Months." ...
ARMY | BCMR | CY2014 | 20140017949
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 24 May 1991, to show in: * Item 4a (Grade, Rate, or Rank) his rank as corporal (CPL) instead of specialist (SPC) * Item 11 (Primary Specialty) his secondary (S) military occupational specialty (MOS) of 95B (Military Police (MP)) 2. Therefore, the evidence of record is sufficient to warrant correction of item 4a of his 1991 DD Form 214 to show his rank as...
ARMY | BCMR | CY2008 | 20080004933
In a memorandum, dated 13 January 1989, the applicant was advised by a general officer that he was required to show cause for retention on active duty because of substandard performance of duty, as evidenced by his release from the 60th Ordnance Company due to unsatisfactory performance, his permanent disqualification from the PRP, and his inability to separate his personal life from his professional life. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the...