BOARD DATE:	 17 April 2014 

		DOCKET NUMBER:  AR20130013589 


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 records to:

   a.  show his military occupational specialty (MOS) includes the additional skill identifier (ASI) B9;
   
   b.  show his awards include the Army Commendation Medal (2nd award), Army Achievement Medal (2nd award), and the Driver and Mechanics Badge with Track and Wheel Bars; 
   
   c.  show his dates of service in Iraq from 29 November 2005 through 15 November 2006; 
   
   d.  include a period of Sea Service of 26 March 2004 through 6 May 2005; and 
   
   e.  that the Combat Action Badge be issued to him.

2.  The applicant states the above items were omitted from his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he wishes to have them included.  

3.  The applicant provides copies of his DD Form 214, an SS Cape Inscription Travel Verification sheet, four award certificates, four DA Forms 638 (Recommendation for Award), three sets of orders for badges, two training course diplomas, and deployment 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 ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct an error or injustice.  

3.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  This request must be on a DA Form 4187 (Personnel Action) if a Soldier is currently on active duty or in an active status.  If not on active duty or in an active status, a request for this award may be submitted by letter and must contain:

* assignment, attachment, or operational control orders
* a copy of the Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

4.  Since the applicant has not exhausted his administrative remedy with regard to award of a Combat Action Badge, no further action can be taken on this issue at this time.  Should his case not be satisfactorily resolved and he feels an error or injustice exists, he may resubmit his application with evidence of the U.S. Army Human Resources Command's denial.  

5.  The applicant served on active duty in the Regular Army from 17 June 2003 through 16 February 2007, followed by service in the Florida Army National Guard from 27 June 2007 through 5 May 2009.

6.  He completed the M2/3 Bradley Fighting Vehicle System Maintainer course on 26 November 2003, with award of MOS 63M1O, and the Bradley Fighting Vehicle A3 System Maintainer course on 18 December 2003, with award of ASI B9.

7.  His DA Form 2-1 (Personnel Qualification Record - Part II) provides the following information related to his period of active duty:

* award of the - 

* Army Commendation Medal (awarded 17 February 2004) 
* Army Commendation Medal (2nd award) (awarded 15 June 2006) 
* Army Achievement Medal (awarded 7 March 2005) 
* Army Achievement Medal (2nd award) (awarded 18 May 2005) 
* Driver and Mechanic Badge (Mechanic) (awarded 21 August 2006) 
* Driver and Mechanic Badge with "W" (for wheeled vehicles) (awarded 22 August 2006)
* Driver and Mechanic Badge with "T" (for tracked vehicles) (awarded 22 August 2006) 

* Oversea service in - 

* Tikrit, Iraq, from 10 January 2003 through 1 June 2004 (1 year, 4 months, 23 days)
* Iskandaria, Iraq, from 28 November 2005 through 11 November 2006 (11 months and 15 days) 

8.  His 16 February 2007 DD Form 214 shows the following -

* a Primary Specialty of 63M1O Bradley Fighting Vehicle System Maintainer
* 3 months and 11 days of foreign service
* no sea service
* award of the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, and the Army Service Ribbon
* service in Iraq from 27 January 2004 through 7 May 2004

9.  A review of the applicant's pay records show receipt of hazardous duty/ imminent danger pay from 27 January 2004 through 4 May 2004 (3 months, 11 days) and 16 November 2005 through 10 November 2006 (11 months, 14 days).

10.  A Travel Verification memorandum, prepared by the Chief Mate, SS Cape Inscription, shows that the applicant sailed aboard the SS Cape Inscription from 26 March 2004 through 6 May 2004 (1 month and 11 days), transiting from Kuwait to California.

11.  The applicant's official record contains no orders for any of his awards or decorations.  The applicant provides copies of orders for the following awards -

* 4th Brigade, 4th Infantry Division Permanent Orders Number 160-52 for the Army Commendation Medal
* 2nd Brigade, 4th Infantry Division Permanent Orders Number 223-37 for the Army Commendation Medal
* 1st Battalion, 44th Air Defense Artillery, 4th Infantry Division Permanent Orders Number 066-05 for the Army Achievement Medal
* 1st Battalion, 67th Armor Regiment Permanent Orders Number 238-10 for the Army Achievement Medal
* 1st Battalion, 67th Armor Regiment (Iraq) Permanent Orders Number 
233-07 for the Mechanic Badge
* 1st Battalion, 67th Armor Regiment (Iraq) Permanent Orders Number 
233-05 for the Driver Badge (Track)
* 1st Battalion, 67th Armor Regiment (Iraq) Permanent Orders Number 
234-03 for the Driver Badge (Wheel)

12.  Department of the Army Pamphlet 611-21 Military Occupational Classification and Structure), paragraph 9-6 (Military Occupational Specialty Code (MOSC)) states:

   	a.  The MOSC provides more specific occupational identity than the MOS. It is used to classify Soldiers and positions in requirement and authorization documents, to provide detailed occupational identity in records, orders, reports, management systems and data bases, and as a basis for training, evaluation, promotion and other related management subsystem development. 
   
   	b.  The full MOSC contains nine characters and provides more specific occupational identity than the MOS.  The elements of the MOSC include the: 
   
   		(1)  First three characters as an numeric-alpha combination that identifies the MOS without regard to level of skill.  The first two characters normally relate to the Career Management Field (CMF) of which the MOS is a part. 
   
   		(2)  Fourth character as a number that shows skill level in the MOS. 
   
   		(3)  Fifth character may be a letter or a number that reflects a Special Qualification Identifier (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. 
   
   		(4) Sixth and seventh characters may be alpha-numeric or numeric-alpha characters that represent ASIs.  ASI codes are used to identify skills closely associated with, 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 require an ASI or a Soldier is not qualified for award of an ASI.  

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

   a.  for the entry at block 11 (Primary Specialty), enter the titles of all MOS during the current period, 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 advanced individual training. 
   
   b.  For an enlisted Soldier, specify the first 5 characters of the primary 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 an SQI, if applicable. 
   
   c.  for entry of sea service at block 12g there must be a verification of orders stating sea duty was required and proof that the Soldier actually served on that duty. 
   
14.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  
   
   b.  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.  Therefore, the OSR may be granted if the applicant served at least 8 months and 16 days on his/her tour.  
   
   c.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and  special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Component bars are authorized for the following types of vehicles and/or qualifications: 

   (1)  Driver - W (for wheeled vehicles);
    
   (2)  Driver - T (for tracked vehicles);
   
   (3)  Driver - M (for motorcycles);
   
   (4)  Driver - A (for amphibious vehicles);
   
   (5)  Mechanic (for automotive or allied vehicles);
   
   (6)  Operator - S (for special mechanical equipment).
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the MOSC 63M1O and ASI B9; however, the ASI is the 6th and 7th characters of the MOSC and only the first 5 characters of the MOSC are recorded on a DD Form 214.  Therefore, it is not appropriate to add the applicant's ASI to his DD Form 214.

2.  The applicant's record of foreign service shows different dates on the different forms contained in his record and his second deployment to Iraq is not recorded on his DD Form 214.  The most reliable source for the correct periods are his pay records and it is appropriate to utilize those dates to correct his foreign service entries on the DD Form 214.  

3.  However, included in his first period of foreign service is the period he served aboard the SS Cape Inscription, 1 month and 11 days, as shown on the Travel Verification sheet.  This period of service should be shown as sea service, not foreign service.  Therefore, his foreign service should be shown as from 27 January 2004 through 25 March 2004 (2 months) and 16 November 2005 through 10 November 2006 (11 months, 14 days) with the period from 26 March 2004 through 6 May 2004, 1 month and 11 days, being recorded as sea service.  

4.  Based on his second tour in Iraq and his period of sea service, the applicant is authorized award of the Overseas Service Ribbon.

5.  The applicant's award of the Army Commendation Medal (2nd award), Army Achievement Medal (2nd award), and the Driver and Mechanics Badge (with Mechanic, Driver - T, and Driver - W component bars) were omitted from his records.  

6.  Based on the above facts and findings, the applicant's DD Form 214 should be corrected at:
   
   a.  block 12f to read 1 year, 1 month, and 14 days;
   
   b.  block 12g to read 1 month and 11 days;
   
   c.  block 13 to also include:
   
   (1)  Army Commendation Medal (2nd award);
   
   (2)  Army Achievement Medal (2nd award);
   
   (3)  Overseas Service Ribbon; and
   
   (4)  Driver and Mechanics Badge with Mechanic, Driver -T, and Driver -W component bars;
   
   d.  block 18 (Remarks) to read "SERVICE IN IRAQ 20040127 - 20040325 and 20051116 - 20061110." 
   
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:

	a.  deleting the entries on his DD Form 214 at: 
   
   (1)  block 12f of "0000  03  11" and 
   (2)  block 18 "SERVICE IN IRAQ 20040127 - 20040507";
   
   b.  adding at -
   
   (1)  block 12f - "0001  02  25";
   
   (2)  block 12g - "0000  01  11";
   
   (3)  block 13 – 
   
          Army Commendation Medal (2nd award)
          Army Achievement Medal (2nd award)
          Overseas Service Ribbon
          Driver and Mechanics Badge with Mechanic, Driver-T, and Driver-W
          component bars

     (4)  block 18 to add "SERVICE IN IRAQ 20051116 – 20061110."
   
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 inclusion of an ASI on the DD Form 214.  



      _______ _ 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)                                         AR20130013589





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ABCMR Record of Proceedings (cont)                                         AR20130013589



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