BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140005116 


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 the military occupational specialty (MOS) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 December 1991 and on the orders promoting him to sergeant (SGT)/E-5.  He also requests, in effect, correction of this DD Form 214 and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 January 1995 to show the Army Commendation Medal (ARCOM) and Kuwait Liberation Medal (KLM).

2.  He states:

	a.  His MOS is listed as 75B2P (Personnel Administration Specialist), but should be 11C2P (Indirect Fire Infantryman).  All orders he received as well as his "discharges" after Operation Desert Storm show MOS 11C, not 75B.  While serving in Operation Desert Storm, he was assigned to the security force of a maintenance company.  He had some administrative duties; however, his main job was to provide cover for the maintenance teams while they recovered and repaired vehicles throughout the theater of operations.  He was also assigned other infantry-related duties.

	b.  He was diagnosed with post-traumatic stress disorder and has received only a 10 percent service-connected disability rating due to this error.  The DD Form 214 identified above is the only one that shows MOS 75B.  All others show MOS 11C.  

3.  He provides:
* three DD Forms 214 
* DD Form 215 (Correction to DD Form 214)
* three NGB Forms 22
* 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 has requested correction of his NGB Form 22 for the period ending 1 January 1995 to show additional awards.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that an applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted a request for correction of his NGB Form 22 to the Maryland Army National Guard (MDARNG) or that such a request was denied.  Therefore, correction of his NGB Form 22 will not be discussed further in these proceedings.

3.  The applicant served in the Regular Army from 16 November 1983 to 15 November 1986.  The DD Form 214 documenting this period of service shows he was awarded MOS 11C1P and held this MOS for 2 years and 8 months.

4.  On 21 May 1987, he enlisted in the MDARNG.  On 6 July 1989, he was discharged.  The NGB Form 22 issued at that time shows he held MOS 11C1P.

5.  On 12 December 1989, he enlisted in the MDARNG.  Effective 31 July 1990, he was discharged and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) (also known as the Individual Ready Reserve (IRR)) to complete his contractual obligation.  The NGB Form 22 issued at that time shows he held MOS 11C1P.

6.  On 20 January 1991, the Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, issued Order Number M-12-256655, ordering him to report for active duty on 31 January 1991.  The order shows he was ordered to active duty in MOS 91A (Medical Specialist).  On the copy of the orders he provides, he indicates he was awarded MOS 91A due to his civilian occupation.  On 22 May 1991, the orders were amended, in part, by changing his reporting date to 10 June 1991.  

7.  A DD Form 214 shows he served on active duty from 10 to 14 June 1991.  Item 11 (Primary Specialty) of this DD Form 214 shows he held MOS 11C1P during this period of active duty service.

8.  On 13 June 1991, the U.S. Total Army Personnel Command, St. Louis, MO, issued Orders A-06-014424 ordering him to report for active duty on 16 June 1991 to serve in the Southwest Asia (SWA) Sustainment Force in support of Operations Desert Shield/Storm with further assignment to a maintenance company.  The orders show his primary MOS (PMOS) as "11C1P."  The orders make no reference to MOS 75B.

9.  On 7 October 1991, the 442nd Personnel Service Company issued Order 155-41 promoting him to SGT and awarding him PMOS 75B2O effective the date of the orders.  The orders withdrew PMOS 75B1O.  On the copy of the orders he provides, he indicates the MOS shown in the orders is incorrect and should be 11C2P.

10.  On 5 November 1991, he reenlisted in the USAR for a period of 6 years.  

11.  On 11 December 1991, he was honorably released from active duty (REFRAD).  The DD Form 214 issued at that time shows in:

* item 11 – he held MOS 75B2O for 6 months during this period of active duty service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – no entries for the ARCOM or KLM
* item 18 (Remarks) – he served in SWA from 20 June to 29 September 1991

12.  On 30 January 1992, ARPERCEN issued Orders C-01-203373 reassigning him from the IRR to a USAR troop program unit (TPU) effective 31 January 1992.  The orders show he held MOS 75B2O.


13.  A DA Form 2A (Personnel Qualification Record), dated 7 February 1992, shows in:

* Section III (Qualification Data) – he held PMOS 75B2O and did not hold a secondary or auxiliary MOS
* Section V (Position Data) – he was assigned to an MOS 75B2O duty position effective 31 January 1992

14.  On 25 June 1992, he enlisted in the MDARNG.

15.  On 28 August 1992, Headquarters, 157th Separate Infantry Brigade (Mechanized), released him from his USAR TPU effective 25 June 1992, the date he enlisted in the MDARNG.  The orders show he had been managed under MOS 75B2O.  

16.  On 1 January 1995, he was honorably discharged from the MDARNG.  The NGB Form 22 issued at that time shows he held MOS 11C1P.

17.  His record is void of documentation showing he was awarded the ARCOM.

18.  Army Regulation 600-8-22 (Military Awards) states the KLM awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

19.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

20.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated for item 11 to enter the primary MOS and all additional MOS's served for a period of 1 year or more during the Soldier's continuous active military service.  For each MOS, list the title with the years and months served.

DISCUSSION AND CONCLUSIONS:

1.  Although the record shows he held PMOS 11C1P when he was ordered to active duty on 16 June 1991, it appears he was awarded MOS 75B1O during this period of active duty service.  The fact that, while serving on active duty, he was promoted to SGT, was awarded MOS 75B2O, and had MOS 75B1O withdrawn further indicates he served in an MOS other than the PMOS he held when he entered active duty.  It is also noted that, shortly after his REFRAD on 11 December 1991, he was assigned to a 75B2O position in a USAR TPU.  

2.  He contends that he performed infantry-type duties in addition to administrative duties during the period of in question; however, it is not unusual for Soldiers to perform infantry-type duties in addition to their primary duties while they are deployed.  In the absence of documentary evidence confirming his contention that he primarily served in MOS 11C2P during this period, there is no basis for granting this portion of the requested relief.  

3.  The available records are void of documentation showing he was awarded the ARCOM.  In the absence of orders awarding him the ARCOM or documentation confirming orders were published, there is no basis for correcting his record to show the ARCOM.  

4.  His service in SWA made him eligible for the KLM-K.  It would be appropriate to add this award to his DD Form 214 for the period ending 11 December 1991.

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 KLM-K to his DD Form 214 for the period ending 11 December 1991.






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 his MOS and the ARCOM.  



      _________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)                                         AR20140005116





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ABCMR Record of Proceedings (cont)                                         AR20140005116



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