IN THE CASE OF:	

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130008113 


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) be corrected to show he served as a 35M2O Radar Repairer in item 11 (Primary Specialty), that he was awarded three awards of the Army Commendation Medal, that he was awarded the Army Lapel Button, and that he served 1 year in a troop program unit (TPU).  

2.  The applicant states, in effect, that his DD Form 214 shows he served as a Human Intelligence Collector in military occupational specialty (MOS) 35M1O for 4 years and 10 months and as a Radar Repairer in MOS 94M2O for 1 year and 10 months; however, he enlisted for MOS 35M – Radar Repairer and served his entire enlistment in that MOS.  He goes on to state that his DD Form 214 shows he was awarded two awards of the ARCOM and he was awarded three awards.  Additionally, it should show he was awarded the Army Lapel Button and he served 1 year in a TPU after his release from active duty (REFRAD).     

3.  The applicant provides a copy of his DD Form 214, orders for the ARCOM 
3rd Award, DD Form 2596 (Verification of Military Experience and Training (VMET), orders assigning him to a TPU, and his U.S. Army Reserve enlistment contract.


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 16 September 2004 for a period of 5 years and training as a Radar Repairer in MOS 35M1O.  He was transferred to Fort Sill, Oklahoma to undergo his one-station unit training.  He completed 9 weeks of basic training and 11 weeks of advanced individual training (AIT) in MOS 35M (Radar Repairer) and was awarded MOS 35M1O. 

3.  He was assigned to Fort Sill for his first and only assignment.  During Fiscal Year 2006 MOS 35M (Radar Repairer) was converted to MOS 94M (Radar Repairer) and MOS 35M became the MOS for Human Intelligence (HUMINT) Collector.

4.  The applicant deployed to Iraq during the period 20060904 – 20070915 and 20080704 – 20090328 and was promoted to the pay grade of E-5 on 1 October 2008.

5.  On 22 July 2009, Permanent Orders Number 208-005, issued by Headquarters, 214th Fires Brigade, Fort Sill, Oklahoma awarded the applicant the ARCOM  2OLC at the expiration of his term of service (ETS). 

6.  On 15 September 2009, he was honorably REFRAD due to completion of required service.  He had served 5 years of active service and was transferred to a TPU at Fort Sill.  His DD Form 214 issued at the time of his REFRAD shows in item 11 that his primary specialty was “94M2O RADAR REPAIRER – 1 YRS 10 MOS//HUMINT COLLECTOR – 4 YRS 10 MOS//NOTHING FOLLOWS."

7.  His DD Form 214 also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded 


the ARCOM (2nd Award), Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star (2nd Award), Army Service Ribbon, Overseas Service Ribbon (2nd Award), and the Driver and Mechanic Badge with Driver – Wheeled Vehicle(s) clasp.  There is no evidence in his records to show that he ever served as a HUMINT Collector.

8.  During Fiscal Year (FY) 2006 the Army restructured various enlisted MOS Codes and MOS 35M Radar Repairer was changed to MOS 94M Radar Repairer.  MOS 35M was redesignated as a HUMINT Collector.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Lapel Button is a gratuitous issue and the eligibility requirements are:  

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service - a break in service is 24 hours or more 
* having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that only information that is current as of the date of separation will be entered on the DD Form 214.  Events that occur subsequent to the date of separation will not be entered on the 
DD Form 214 retroactively.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for training as a Radar Repairer and completed 
9 weeks of basic training and 11 weeks of AIT as a radar repairer (MOS 35M1O) for a total of 20 weeks of training (5 months).

2.  In FY 2006, the Army restructured enlisted MOSs and the applicant’s primary MOS of 35M was changed to 94M.  However, it appears that an administrative 


error occurred at the time of his REFRAD and he was granted credit for serving in both MOSs after the conversion, despite the fact that he never served as a HUMINT Collector.

3.  The applicant served 4 years and 7 months as a Radar Repairer and his 
DD Form 214 should reflect in item 11 that he served in MOS 94M2O as a Radar Repairer for 4 years and 7 months.

4.  The applicant was awarded three awards of the ARCOM and his records should reflect such.

5.  He was also entitled to be awarded the Army Lapel Button and it should be reflected on his DD Form 214.

6.  While the applicant served 1 year in a TPU after his REFRAD, he is not entitled to have that service included on his DD Form 214 as it was not active duty service and it occurred after the DD Form 214 was issued.

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:

* deleting the entry “94M2O RADAR REPAIRER – 1 YRS 10 MOS//35M1O HUMINT COLLECTOR – 4 YRS 10 MOS//NOTHING FOLLOWS from item 11 of his DD Form 214
* deleting the award of the Army Commendation Medal (2nd Award) from item 13 of his DD Form 214
* adding to item 11 of his DD Form 214 the entry 94M2O RADAR REPAIRER – 4 YRS 7 MOS 
* adding the Army Commendation Medal (3rd Award) and Army Lapel Button to item 13 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 showing he served in a TPU.




      __________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)                                         AR20130008113



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008113



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1