IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140002836 


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)
* his rank as sergeant (SGT)
* a secondary military occupational specialty (SMOS) – 11B (Infantryman)
* completion of the M198 Howitzer Course

2.  The applicant states he was promoted to SGT and served as the Armament Section Chief with the 707th Maintenance Battalion at Fort Ord, CA.  He was awarded the ARCOM, completed the M198 Howitzer Direct Support Course, and graduated from the U.S. Army Infantry School (USAIS) at Fort Benning, GA.

3.  The applicant provides:

* DA Form 2496 (Disposition Form), dated 14 April 1983
* DA Form 2496, dated 9 April 1984
* Certificate of Appreciation, dated 14 June 1984
* DA Form 31 (Request and Authority for Leave), dated 7 July 1984
* Permanent Orders 132-06, dated 24 July 1984
* Certificate of Training, M198 Howitzer Direct Support and General Support Artillery Maintenance Course
* USAIS Diploma, dated 7 October 1981
* Orders 74-18, dated 29 September 1981
* DD Form 214 and Honorable Discharge Certificate
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 1981 and was awarded primary (PMOS) 11B on 7 October 1981.

3.  Headquarters, 7th Infantry Division and Fort Ord, Fort Ord, CA issued:

	a.  Orders 230-666, dated 1 December 1982 that promoted him to Specialist Four (SP4) in PMOS 11B1O; and

	b.  Orders 121-301, dated 22 June 1983 that withdrew PMOS 11B1O and awarded him PMOS 45B1O (Small Arms Repairer) effective 14 June 1983.

4.  He was honorably released from active duty on 7 July 1984 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 3 years of creditable active service.  This form also shows:

	a.  the highest rank/grade he held was SP4/E-4;

	b.  in item 11 (Primary Specialty Number, Title, and Years and Months in Specialty), he held PMOS 45B for one year and one month; 

	c.  in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M16/M14), Grenade Launcher Bar, and Machinegun Bar (M60/M-3/M-2 .50 Cal)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Army Good Conduct Medal
	d.  in item 14 (Military Education), no completion of the M198 Howitzer Course.

5.  His military record is void of orders that show he was promoted to SGT/E-5.

6.  He provides:

	a.  a USAIS diploma that shows he completed Individual Infantry Training and his 11B PMOS orders;

	b.  a Certificate of Training that shows he completed the M198 Howitzer course;

	c.  a DA Form 2496, dated 14 April 1983, which shows he was appointed as the Armament Section Chief and assigned as a SGT/E-5;

	d.  a DA Form 31, dated 11 April 1984, which shows his pay grade as E-5;

	e.  A DA Form 2496 and Certificate of Appreciation, which show his rank grade as SGT; and

	f.  Permanent Orders 132-06, issued by Headquarters, 7th Infantry Division and Fort Ord, CA on 24 July 1984, which awarded him the ARCOM.  These orders show his rank as SP4.

7.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 7, in effect at the time, contained Army-wide promotion policy and procedures.  It stated that the promotion of enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and grade restorations were announced in routine orders.

8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that:

	a.  the active duty rank and pay grade at the time of separation will be entered on the DD Form 214.

	b.  the titles of all MOS or area of concentration served in for at least 1 year will be entered in item 11 of the DD Form 214 and will include the number of years and months served. 

	c.  in Item 14, list all formal in-service (full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.  Do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in PMOS 11B during the period 15 November 1981 to 6 January 1983 (1 year, 1 month, and 22 days) and on 14 June 1983, PMOS 11B was withdrawn and MOS 45B was awarded as his PMOS.  As such, he never held a SMOS of 11B.  Regulatory guidance states to list all MOSs served in for at least one year.  As such, it would be appropriate to correct his DD Form 214 to show he served in MOS 11B.

3.  His record is void of any orders that show he was promoted to the rank/grade of SGT/E-5.  The appointment orders, certificate of appreciation, and DA Form 31 he provided are insufficient evidence to show he was promoted to SGT during his period of service.

4.  The M198 Howitzer Course is a combat skills course which is not authorized to be listed on the DD Form 214; therefore, this course should not be added to his DD Form 214.

5.  In view of the above, he should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  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 entry "NOTHING FOLLOWS" from item 11 of his DD Form 214.

	b.  adding to his DD Form 214:

* in item 11, the entry "11B1O Infantryman//01 yr and 02 mo//NOTHING FOLLOWS//
* in item 13, the Army Commendation Medal

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 correcting his DD Form 214 to show he held the rank/pay grade of SGT/E-5 and to show he completed the M198 Howitzer Course.




      _______ _   _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)                                         AR20140002836





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ABCMR Record of Proceedings (cont)                                         AR20140002836



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