IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130003446 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 8 February 1981 be corrected to show that he was serving on regular active duty instead of active duty training (ADT), that he was awarded the military occupational specialty (MOS) of 00E3O (Recruiter), and that he was awarded a Recruiter Badge.

2.  The applicant states, in effect, his DD Form 214 incorrectly reflects that he served on ADT instead of regular active duty and does not reflect his MOS as a recruiter or his Recruiter Badge.  He goes on to state that he was put on active duty as an Army Recruiter for both active duty and reserve status personnel and he believes his orders that ordered him to ADT were in error.  He goes on to state that now that he is on Social Security he desires to receive medical benefits.

3.  The applicant provides a continuation sheet for his application and a one-page letter explaining his application which list 13 enclosures. 

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 was serving as a military policeman in a U.S. Army Reserve (USAR) Military Police Company in Pennsylvania in the rank of staff sergeant when he was transferred to the USAR Control Group (Reinforcement) on 2 April 1979 for participation in the Long-Tour Management Program. 

3.  On 3 April 1979, he was ordered to ADT for a period of 731 days.  His orders specified that the purpose of his ADT was to serve Special Active Duty Training (SADT) as a USAR Field Recruiter in MOS 00E4O.  It also indicated that failure to successfully complete Army Recruiter Course (00E) training would result in ADT tour termination.  His orders were subsequently amended to read that he was ordered to ADT for a period of 1 year, 10 months and 6 days.

4.  The applicant completed the 3-week Army Recruiter Course at Fort Benjamin Harrison, Indiana on 25 May 1979 and was assigned to the U.S. Army Pittsburgh District Recruiting Command with duty in Beaver Falls, Pennsylvania and on       1 July 1980 was authorized special duty assignment proficiency pay (SDAPP).

5.  His Senior Enlisted Evaluation Report covering the period April 1979 to September 1980 evaluates him as a USAR Recruiter in MOS 00E4O.

6.  On 8 February 1981, he was honorably released from ADT due to completion of period of ADT and was transferred to the USAR Control Group (Reinforcement).  He had served 1 year, 10 months, and 6 days of ADT and his DD Form 214 issued at the time of his release from ADT shows his primary specialty as a military policeman (95B3O) and his secondary MOS as a psychiatric specialist (91F3O).  It also shows that he completed the Army Recruiter Course of 3 weeks in 1979.  The applicant served 1 year and 9 months as a Recruiter (00E3O); however, that is not reflected on his DD Form 214.

7.  A review of his official records failed to show any evidence indicating that his orders to active duty were intended to be anything other ADT.  Additionally, there are no orders awarding him the MOS of 00E3O or an Army Recruiter Badge.  

8.  Army Regulation 611-201 (Personnel Selection and Classification) in effect at the time, provides in pertinent part, that MOS 00E was awarded to personnel in the pay grades of E-5 and above who successfully complete the Army Recruiter Course at the U.S. Army Institute of Administration.
9.  Army Regulation 672-5-1 (Military Awards) in effect at the time provided in pertinent part that the U.S. Army Reserve Recruiter Badge is authorized for wear by qualified members of the USAR who have been designated by letter as Army Reserve Recruiters who have successfully completed the Army Recruiter Course at the U.S. Army Institute of Administration.  Authority to wear the badge is withdrawn when the awardee is released from recruiting duty, although it may be retained as a memento of successful completion of assigned recruiting duties. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 1 year and 9 months as a Recruiter in MOS 00E3O and was qualified to be awarded the MOS as an additional specialty.  Accordingly, his DD Form 214 should be corrected by adding the entry “00E3O Recruiter 1 year and 9 months” to block 11 of his DD Form 214.

2.  The applicant’s contention that his DD Form 214 should be corrected to show that his service was regular active duty instead of ADT has been noted and appears to lack merit.  The applicant’s orders to ADT and his orders releasing him from ADT are very specific regarding the type of duty he was serving and he has failed to show through the evidence submitted with his application and the evidence of record evidence to the contrary.  Therefore, in the absence of such evidence there does not appear to be any basis to grant that portion of his request.

3.  Additionally, the wear of the Recruiter Badge was a temporary authorization that existed only while he was serving as a recruiter and was withdrawn when he left recruiting duty.  Accordingly, he is not authorized the award of the Recruiter Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the entry “00E3O Recruiter 1 year and 9 months” to block 11 of his DD Form 214.

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 changing his service from ADT to regular active duty and adding the Recruiter Badge to his DD Form 214.  




      _______ _  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)                                         AR20130003446





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ABCMR Record of Proceedings (cont)                                         AR20130003446



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