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ARMY | BCMR | CY2014 | 20140011904
Original file (20140011904.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140011904 


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 he served in military occupational specialty (MOS) 88M30 (Motor Transport Operator) while he was in Iraq.  He also requests award of the Combat Action Badge.

2.  The applicant states, in effect:

* He was assigned to the 1452nd Transportation Company (TC) (Combat Heavy Equipment Transporters (HET)) when he was in Iraq
* He did not serve in MOS 15M20 (UH-1 Helicopter Repairer) while he was in Iraq
* His rapid assignment and his promotion status did not allow for [resolving] all issues that were pending during his deployment
* His personnel file was misplaced during the process and it was never recovered

3.  The applicant provides:

* Orders 013-453, dated 13 January 2004
* Orders 050-122, dated 19 February 2004
* DD Form 214, dated 5 April 2005
* VA Form 21-4138 (Statement in Support of Claim), dated 11 October 2011
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report), dated 
31 October 2004
* Orders 069-0415, dated 10 March 2005
* DD Form 689 (Individual Sick Slip), dated 21 April 2004
* DA Form 4856 (Developmental Counseling Form), dated 30 June 2004
* DA Form 31 (Request and Authorization for Leave), dated 27 June 2004
* Bronze Star Recommendation Narrative and Citation
* Authorization to wear the 1st Marine Division Patch, dated 14 December 2004
* Request for Authorization to wear the 1st Marine Division Patch, dated 15 August 2004
* Certification of Completion of the 1452nd TC, HET Course, dated 28 January 2004
* Maintenance Award, dated 1 October 2004
* Memorandum for Record, dated 15 November 2004

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 is requesting award of the Combat Action Badge.  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 the alleged error or injustice.  There is no evidence in the available record showing that he has exhausted his administrative remedies for award of the Combat Action Badge.  Therefore, he will be contacted in separate correspondence and no further reference will be made regarding this portion of his application in these ABCMR Proceedings.

3.  It appears that most of the applicant's military records are not available.  This case was considered based on military records that are available and records provided by the applicant.


4.  The applicant was a member of the California Army National Guard (CAARNG) on 13 January 2004, when Orders 013-453 were published ordering him to active duty in support of Operation Iraqi Freedom, effective 20 January 2004.

5.  On 19 February 2004, Orders 050-122 were published assigning him to a Temporary Change of Station/U.S. Central Command (USCENTCOM), Camp Doha, Kuwait effective 22 February 2004.

6.  The applicant provides a copy of a DA Form 2166-8 for a 12-month period ending in October 2004 showing he was assigned to the 1452nd TC (Combat HET), Al Taji, Iraq; his primary MOS was 88M30, and his principal duty was as a senior HET vehicle driver.

7.  On 10 March 2005, Orders 069-0415 were published releasing him from active duty effective 5 April 2005.  

8.  His DD Form 214 shows he served in Iraq from 23 February 2004 to 
28 February 2005.  He was honorably discharged on 5 April 2005 and he served in an active duty status 1 year, 2 months, and 16 days.  Item 11 (Primary Specialty) on his DD Form 214 lists his MOS as 15M30.

9.  Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214.  It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation in effect at the time directed that the titles of all MOS or area of concentration served in for at least 1 year be entered in item 11 (Primary Specialty) and include the number of years and months served.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows the applicant's primary MOS while he was on active duty in Iraq from 23 February 2004 to 28 February 2005 was MOS 88M30. His DD Form 214 should be corrected to show this information.





BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 deleting the current entry shown in Item 11 on his DD Form 214, dated 5 April 2005, and adding the entry "88M30 MOTOR TRANSPORT OPERATOR –           1 YR//NOTHING FOLLOWS."



      _______ _  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)                                         AR20140011904



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ABCMR Record of Proceedings (cont)                                         AR20140011904



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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