BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011616
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 1984 by:
a. adding the Army Commendation Medal (ARCOM); and
b. adding military occupational specialty (MOS) 75B (personnel administration specialist) and MOS 43E (parachute rigger).
2. The applicant states:
* the ARCOM may have been awarded too close to her separation
* she received two additional MOSs while on Reserve status
* she needs an updated DD Form 214 for employment purposes
3. The applicant provides:
* ARCOM orders
* MOS 75B certificate
* MOS 43E diploma
* DD Form 214 for the period ending 12 June 1984
* U.S. Army Reserve (USAR) discharge orders
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 USAR on 8 March 1982 for a period of 6 years. She enlisted in the Regular Army on 3 August 1982 for a period of 3 years. She completed her training and was awarded MOS 72E (telecommunications center specialist).
3. Orders, dated 19 July 1983, show she received the ARCOM for meritorious achievement for the period 1 January 1984 to 1 May 1984.
4. On 12 June 1984, she was released from active duty (REFRAD).
5. Her DD Form 214 for the period ending 12 June 1984 shows her primary MOS (PMOS) as 72E. This DD Form 214 does not show the ARCOM as an authorized award.
6. She provides a certificate of training, dated 13 June 1986, which shows she completed the Administration Personnel Specialist (MOS 75B) Course. She was awarded PMOS 75B effective 12 September 1986.
7. She also provided a diploma, dated 8 October 1987, which shows she completed the Parachute Rigger Course. She was awarded PMOS 43E effective 10 December 1987.
8. She was honorably discharged from the USAR on 21 June 1994.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the ARCOM in July 1983. Therefore, her DD Form 214 for the period ending 12 June 1984 should be corrected to show this medal.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her REFRAD. Since she was awarded MOS 75B and MOS 43E in the USAR after her REFRAD, there is no basis for amending her DD Form 214 for the period ending 12 June 1984 to show these MOSs.
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 ARCOM to her DD Form 214 for the period ending 12 June 1984.
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 MOS 75B and MOS 43E to her DD Form 214 for the period ending 12 June 1984.
_______ _ 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) AR20130011616
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