BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130018112
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) to show award of the Army Commendation Medal (ARCOM) and the entry Criminal Investigation Agent Course in item 14 to read Counterintelligence Agent Course.
2. The applicant states his award of the ARCOM was not added to his DD Form 214 and it reflects that he completed the Criminal Investigation Agent Course when, in fact, it was the Counterintelligence Agent Course.
3. The applicant provides copies of his ARCOM and military occupational specialty (MOS) 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 Regular Army on 17 August 1998 for training as a counterintelligence agent in MOS 97B. He completed training; he was awarded MOS 97B; and he was assigned to Fort Bragg, North Carolina.
3. Headquarters, 317th Military Intelligence Battalion, Permanent Order Number 274-13, dated 1 October 2001, awarded the applicant the ARCOM.
4. On 12 September 2001, he was honorably discharged due to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). His DD Form 214 does not reflect his award of the ARCOM and item 14 shows he completed the Criminal Investigation Agent Course, 17 weeks, 1999.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and appear to have merit.
2. His award of the ARCOM was omitted from his DD Form 214 and his completion of the Counterintelligence Agent Course was incorrectly entered as the Criminal Investigation Agent Course.
3. Accordingly, his DD Form 214 should be corrected to show his award of the ARCOM and completion of the Counterintelligence Agent Course, 17 weeks, 1999.
BOARD VOTE:
__X_____ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* adding award of the ARCOM to his DD Form 214
* deleting the Criminal Investigation Agent Course, 17 weeks, 1999, from item 14 of his DD Form 214
* adding the Counterintelligence Agent Course, 17 weeks, 1999, to item 14 of his 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) AR20130018112
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018112
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100008986
The applicant requests his military education course title be changed from Criminal Investigation Agent Course to Counterintelligence Agent Course on his 15 November 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty). The catalog shows the title for MOS 97B as Counterintelligence Agent. DISCUSSION AND CONCLUSIONS: The available evidence confirms the applicant enlisted in the Army and attended school at Fort Huachuca for MOS 97B (Counterintelligence Agent).
ARMY | BCMR | CY2013 | 20130000845
Application for correction of military records (with supporting documents provided, if any). The applicant requests the Counter Intelligence Badge (determined to be the U.S. Army Intelligence Badge) and credentials issued for special agents be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 September 1998. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the...
ARMY | BCMR | CY2008 | 20080017771
Her Statement for Enlistment United States Army Enlistment Program (DA Form 3286-59) shows she enlisted for training of choice in MOS 97B, Counterintelligence Agent. The applicant's DA Form 2-1 (Personnel Qualification Record), Section II Classification and Assignment Data, Item 6 (MOS) does not show she was awarded an MOS. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2009 | 20090003328
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. correction of item 11 (Primary Specialty) to add military occupational specialty (MOS) 88M (Motor Transport Operator) 3 years and 4 months and MOS 11B (Infantryman) 3 years and 4 months; b. addition of awards of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Navy Meritorious Unit Commendation, the Marine Corps Reserve Medal,...
ARMY | BCMR | CY2002 | 2002073862C070403
The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he completed the 97B20 military occupational specialty (MOS) course and that he held MOS 97B20 (skill level 2). The applicant’s military records show that he enlisted in the Regular Army on 27 October 1981. It states that there is a direct relationship between rank and skill level and soldiers will not have a skill level other than that specified by the regulation.
ARMY | BCMR | CY2008 | 20080017525
Application for correction of military records (with supporting documents provided, if any). On 22 October 1980, the unit commander notified the applicant of his intent to initiate separation action on her under the provisions of chapter 13-4c, Army Regulation 635-200, for unsuitability. The evidence of record also confirms the applicant's disciplinary history which included her acceptance of NJP for being AWOL for 15 days which clearly diminished the quality of her service below that...
ARMY | BCMR | CY2008 | 20080011750
The applicant requests that her separation document (DD Form 214) be corrected by adding three campaign stars (known as bronze service stars) for serving in Operation Iraqi Freedom. Military Personnel (MILPER) Message Number 08-123, dated 30 April 2008 shows that based on the applicant's dates of service in Iraq, she participated in the following campaigns: the Transition of Iraq (2 May 2003 to 28 June 2004) and Iraqi Governance (29 June 2004 to 15 December 2005). As a result, the Board...
ARMY | BCMR | CY2014 | 20140006736
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 November 1991 to show: * his primary specialty as 11B2P * Army Commendation Medal (ARCOM) * his duty military occupational specialty (MOS) as 95D (U.S. Army Criminal Investigation Command (CID) Special Agent) * he completed weapons expert training * he attended CID Special Agent School * he attended the ESI Advanced Security Specialist Program in a temporary...
ARMY | BCMR | CY2008 | 20080016798
The available evidence shows the applicant completed 1 year and 4 days service in Korea from 17 November 2005 through 20 November 2006, as evidenced by an ERB entry and a statement from the applicant confirming exact dates of service. The evidence of record also confirms the applicant honorably served on active duty for 3 years, from 7 April 2005 through 6 April 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110016529
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, he should be awarded the Army Good Conduct...