IN THE CASE OF:	 

		BOARD DATE:	    9 January 2014

		DOCKET NUMBER:  AR20130008082 


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), ending on 15 December 1995, to show:

* his training in and award of secondary military occupational specialty (SMOS) 96B (Intelligence Analyst)
* award of the Army Achievement Medal

2.  The applicant states he was awarded the Army Achievement Medal after his discharge.  Additionally, his DD Form 214 does not show his SMOS and training in MOS 96B. 

3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* DA Form 1059 (Service School Academic Evaluation Report)

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 Texas Army National Guard on 3 July 1989.  He entered active duty for training (ADT) on 4 April 1990 and successfully completed basic combat and advanced individual training. 

3.  On 29 June 190, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published Orders 127-410 awarding him primary MOS (PMOS) 71L, Administrative Specialist, upon completion of training. 

4.  He was released from ADT on 4 August 1990 to the control of his State ARNG.  His DD Form 214 shows in item 11 (Primary Specialty) the entry "71L1O Administrative Specialist."  

5.  On 9 July 1992, he attended and successfully completed Phase II of MOS 96B training at Camp Bullis, TX.  His DA Form 1059 shows he demonstrated the ability to perform in MOS 96B. 

6.  On 21 July 1992, the TXARNG published Orders 6-2 awarding him PMOS 96B and SMOS 71L effective 9 July 1992. 

7.  He was discharged from the TXARNG on 30 March 1993 in order to enlist in the U.S. Naval Reserve.  He was issued a National Guard Bureau Form 22 (Report of Separation and Record of Service) that captured his ARNG service and listed his PMOS and SMOS. 

8.  He enlisted in the Regular Army on 24 May 1994 in the rank/grade of specialist/E-4, in MOS 71L and under the Station of Choice enlistment option.  He was assigned to Fort Hood, TX. 

9.  On 31 October 1995, his records were considered by a physical evaluation board that determined he was physically unfit and recommended his separation with entitlement to severance pay. 

10.  He was honorably discharged on 15 December 1995 by reason of disability. His DD Form 214 shows in:

* Item 11 - 71L1O Administrative Specialist, 1 year and 4 months
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Lapel Button, National Defense Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar 
* Item 14 (Military Education) - None

11.  He provides a DA Form 638, dated 20 November 1995, that shows he was recommended for award of the Army Commendation Medal but the award approval authority downgraded this award to the Army Achievement Medal for service from 15 April 1994 to 21 December 1995 by Permanent Orders Number 25-3, issued by Headquarters, 1st Cavalry Division, on 28 December 1995. 

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  

	a.  Item 11 of the regulation in effect at the time required an entry for the MOS codes, titles, years, and months for warrant officers and enlisted personnel.

	b.  Item 11 of the regulation currently in effect requires an entry for the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month (do not count basic training and AIT).  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Enter "O" when not applicable. 

	c.  Item 14 of the regulation in effect at the time required an entry for in–service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Achievement Medal, for service from April 1994 to December 1995, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 ending on 15 December 1995 to show this award. 

2.  He completed training for MOS 96B from 27 June 1992 to 9 July 1992.  This training was not completed during the period covered by the DD Form 214 (24 May 1994 to 15 December 1995) he now requests be corrected.  Therefore, this training cannot and should not be entered on this DD Form 214. 

3.  Although he enlisted in the Regular Army in MOS 71L and performed duties in that MOS, he was previously awarded MOS 96B, albeit in the ARNG.  However, he did not serve in this MOS for at least 1 year during the period covered by the DD Form 214 (24 May 1994 to 15 December 1995) he now requests be corrected.  Therefore, this MOS should not be entered on this 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 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 to item 13 of his DD Form 214 for the period ending 15 December 1995 the Army Achievement Medal. 

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 adding his award of and training in MOS 96B to items 11 and 14 of his DD Form 214 for the period ending 15 December 1995 respectively.




      _______ _  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)                                         AR20130008082





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ABCMR Record of Proceedings (cont)                                         AR20130008082



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