IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130012812 


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:

	a.  item 8a (Last Duty Assignment and Major Command) to show the 403rd Military Intelligence (MI) Detachment, 500th MI Brigade;

	b.  item 11 (Primary Specialty) to show his military occupational specialty (MOS) as 98Y1S;

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show two awards of the Presidential Unit Citation; and

	d.  item 14 (Military Education) to show his Hazardous Materiel (HAZMAT) Certification.

2.  The applicant states his DD Form 214 contains several errors and omissions as specified.

3.  The applicant provides his DD Form 214.

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 8 July 2003 and held military occupational specialty MOS) 98Y (Signals Collector/Analyst).

3.  His Enlisted Record Brief (ERB), dated 9 July 2007, shows his:

* rank/grade as private first class (PFC)/E-3 (skill level 1)
* MOS as 98Y
* special qualification identifier (SQI) as O
* current unit of assignment as of 1 December 2006 as the 403rd MI Detachment, Misawa Air Base, Japan

4.  His ERB does not list a HAZMAT certification course.

5.  Headquarters, U.S. Army Garrison, Japan, Orders 142-0102, dated 22 May 2007, show he was assigned to the MI Detachment bearing unit identification code WA8CAA.  He was reassigned to the U.S. Army Transition Point, Camp Zama, Sagamihara, Japan, effective 13 June 2007.

6.  He was honorably released from active duty on 7 July 2007.  His DD Form 214 shows in:

* item 8a – "MI DET P1"
* item 11 – 98Y1O
* item 13 – Joint Meritorious Unit Award, National Defense Service Medal, Global War on Terrorism Service Medal, and Overseas Service Ribbon
* item 14 – Signal Intelligence Analyst Course, 16 Weeks, 2004

7.  Research shows the 403rd MI Detachment located on Misawa Air Base, Japan, is a subordinate unit to the 441st MI Battalion.  The 441st MI Battalion is subordinate to the 500th MI Brigade.

8.  Army Regulation 635-5 (Separation Documents), paragraph 2-4 (Completing the DD Form 214), in effect at the time, provided detailed instructions and source document(s) for completing each block of the DD Form 214.

	a.  In item 8a, enter the last unit of assignment and the major command with the corresponding two-character assignment code per Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes).  (Army Regulation 680-29, paragraph 2-4, shows the two-character assignment code "P1" stands for the U.S. Army Pacific (USARPAC)).

	b.  In item 11, use the ERB as a source document and enter the titles of all MOS served for at least 1 year and include 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 three 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.  In item 13, list awards and decorations for all periods of service.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

	d.  In item 14, use the ERB as a source document and list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

9.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation), paragraph 6-6 (MOS Code), states:

	a.  The first three characters of an enlisted Soldier's MOS is a three-character numeric-alpha combination that identifies the MOS without regard to level of skill. The first two characters relate to the MOS and do not identify the career management field of which the MOS is part.

	b.  The fourth character of an enlisted Soldier's is a number.  With the first three characters, it shows skill and grade level in the MOS.

	c.  The fifth character of an enlisted Soldier's MOS may be a letter or a number that reflects an SQI common to a number of positions and MOS.  The letter "O" will always be inserted as the fifth character when a position does not require special qualifications or an individual is not qualified for award of an SQI.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to the 403rd MI Detachment, 441st MI Battalion, 500th MI Brigade, USARPAC (P1), Misawa Air Base, Japan.  Therefore, in accordance with Army Regulation 635-5, he is entitled to correction of item 8a of his DD Form 214 to show the entry "403rd MI Detachment, 501st MI Brigade, P1."

2.  His records do not contain and he has not provided evidence to show he was awarded SQI "S."  As such, there is insufficient evidence to justify correcting item 11 of his DD Form 214 to show his MOS as 98Y1S.

3.  There is no evidence of record and the applicant has not provided evidence to show his unit received two awards of the Presidential Unit Citation during the period of his service.  Therefore, there is insufficient evidence to justify adding these unit awards to item 13 of his DD Form 214.

4.  There is no evidence of record and the applicant has not provided evidence to show he received a HAZMAT certification.  Therefore, there is insufficient evidence to justify adding this training to item 14 of his 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 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 entry "MI DET P1" from item 8a of his DD Form 214 and replacing it with the entry "403rd MI Detachment, 501st MI Brigade, P1."

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 an SQI, two awards of the Presidential Unit Citation, and a HAZMAT certification.



      _______ _  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)                                         AR20130012812



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012812



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1