IN THE CASE OF:	  

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130008972 


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) as follows:

* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) to show the additional skill identifier (ASI) K1
* item 12f (Foreign Service) to show completion of 2 years, 8 months, and 25 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the Overseas Service Ribbon (2nd Award)

2.  The applicant states:

* he was trained in the AN/TPQ-37 (Firefinder Weapon Locating System)
* he served in Korea from 1978 to 1979 and in Germany from 1982 to 1983
* his foreign service was not properly computed
* his two overseas tours should qualify him for two awards of the Overseas Service Ribbon
* he served in ASI K1 for 1 year, 8 months, and 24 days

3.  The applicant provides:

* permanent change of station Orders 113-699, 155-26, and 083-178
* application for service school approval memorandum
* Orders 338-76 awarding him ASI K1

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's records show he enlisted in the Regular Army on 20 October 1976 and he held military occupational specialty (MOS) 26B (Weapons Support Radar Repairer).

3.  He served in Korea from 28 August 1978 to 26 August 1979 and he was credited with completion of an overseas service tour.

4.  He was honorably discharged on 7 June 1979 for the purpose of immediate reenlistment.  He completed 2 years, 7 months, and 17 days of active service.  A DD Form 214 for this period of service is not available for review with this case.

5.  He reenlisted in the Regular Army on 8 June 1979.  He attended and completed Course 104-ASI K1, Class Number 502-81, at the U.S. Army Artillery School, Fort Sill, OK, from June 1981 through December 1981.

6.  On 4 December 1981, Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, awarded him primary MOS 26B2OK1.

7.  His DA Form 2-1 (Personnel Qualification Record – Part II) provides the following information:

	a.  Item 5 (Overseas Service) shows he served in Germany from 27 January 1982 through a date eligible to return from overseas of 3 August 1983, a period of 1 year, 6 months, and 7 days, and he was credited with completion of an overseas tour.

	b.  Item 35 (Record of Assignments) shows he departed Fort Sill on 14 December 1981 (in a casual status; i.e., en route to next assignment), was assigned to a unit in Germany on 28 January 1982, departed Germany on 29 July 1983 (in a casual status), and was discharged on 5 September 1983.  Note:  The period beginning 14 December 1981 and ending 5 September 1983 equals 1 year, 8 months, and 22 days.

8.  He was honorably discharged on 5 September 1983.  His DD Form 214 for this period shows in:

* item 11 – 26B2O Weapons Support Radar Repairer, 6 years 2 months
* item 12f – 1 year, 8 months, and 24 days
* item 13 – Army Service Ribbon, Army Good Conduct Medal (2nd Award), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  The enlisted MOS code consists of nine characters which are used to provide more detailed identification than the 3-character MOS.  The first three characters consist of two numbers and one letter that identify the MOS without regard to level of skill.  The fourth character is a number which shows the skill and grade level in the MOS.  The fifth character is a letter or a number which shows special qualification identifiers (SQI's) common to a number of positions and MOS's.  The letter "O" will always be inserted as the fifth character when a position does not require special qualifications or a Soldier is not qualified for award of an SQI. 
The sixth and seventh characters show ASI's.  They are an alpha-numeric or numeric-alpha combination which are used to identify specialized skills closely related to but in addition to those in the basic MOS.  The numbers "00" will be inserted as the sixth and seventh characters when a position does not required an ASI or a Soldier is not qualified for award of an ASI.  The eighth and ninth characters are 2-letter combinations which identify foreign language requirements and qualifications.  The letters "OO" will be used when no foreign language is required or a Soldier's qualifications are undetermined.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all Soldiers are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  Item 11 shows the titles of all MOS's served for at least 1 year and includes the number of years and months served for each MOS.  For an enlisted Soldier, also specify the first five characters of the primary MOS code, which includes the 3-character MOS, the fourth character of skill and grade level in the MOS, and the fifth character of the SQI, if applicable.  Enter "O" when not applicable.

	b.  Item 12 (Record of Service):

		(1)  item 12a (Date Entered Active Duty This Period), enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued;

		(2)  item 12b (Separation Date This Period), enter the date of separation or discharge;

		(3)  item 12c (Net Active Service This Period), enter the net active service during the period covered by the DD Form 214;

		(4)  item 12d (Total Prior Active Service), enter the total prior active service, less lost time; and

		(5)  item 12f, total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's ASI, the evidence of record shows the applicant completed AN/TPQ-37 training and he was later awarded ASI K1 with his MOS.  Although Army Regulation 635-5 requires an entry in item 11 showing only the first five characters of the primary MOS code for enlisted Soldiers, there is no harm to the Army or the Soldier if his ASI is added to his DD Form 214.

2.  With respect to the applicant's foreign service:

	a.  Army Regulation 635-5 in effect at the time required an entry in item 12f showing the total foreign service completed during the period covered by the DD Form 214.  The applicant's DD Form 214 covered the period 8 June 1979 to 5 September 1983.  During this period, the only foreign service he was credited with completing was an overseas tour in Germany from 27 January 1982 through 29 July 1983, a period of 1 year, 6 months, and 3 days, not 1 year, 8 months, and 24 days as shown in item 12f.

	b.  Item 35 of his DA Form 2-1 shows he departed Fort Sill in a casual status on 14 December 1981, was assigned to a unit in Germany on 28 January 1982, departed Germany in a casual status on 29 July 1983, and was discharged on 5 September 1983.  This total period is 1 year, 8 months, and 22 days.  This may be why item 12f of his DD Form 214 shows 1 year, 8 months, and 24 days of foreign service.

	c.  Although the entry in item 12f is incorrect, it is not because he completed 2 years, 8 months, and 24 days of foreign service as he contends.  It is because he completed less than what is actually listed.  Notwithstanding the foregoing, it is the general policy of the Board not to cause an applicant to be worse off than he or she would have been had the Board not acted in the case.

3.  With respect to the applicant's awards:

	a.  He was credited with two overseas service tours, the first in Korea from August 1978 to August 1979 and the second in Germany from January 1982 to August 1983.  When he served in Korea, the Overseas Service Ribbon had not been established yet.  However, since he had an active status after this award was established, retroactive award is authorized.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 as such.

	b.  Furthermore, his service in Korea qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 as such.

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:

* deleting the existing entry from item 11 and adding the entry "26B2OK1 Weapons Support Radar Repairer, 6 years 2 months"
* deleting the Overseas Service Ribbon from item 13 and adding the Overseas Service Ribbon (2nd Award) and Korea Defense Service Medal

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 changing the total foreign service shown in item 12f.



      _______ _   _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)                                         AR20130008972



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ABCMR Record of Proceedings (cont)                                         AR20130008972



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