BOARD DATE: 1 September 2011 DOCKET NUMBER: AR20110004134 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 Career Counselor Badge. 2. The applicant states on the date of his retirement he held the military occupational specialty (MOS) 00R (Career Counselor) and the Career Counselor Badge for many years. When he retired the badge was not considered a permanent award but it is now, retroactive to 1 January 1972. 3. The applicant provides his DD Form 214, one page from Army Regulation 600-8-22 (Military Awards), and three pages titled Career Counselor Badge. 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. Having had prior active service, the applicant's records show he enlisted in the Regular Army on 3 April 1980 and he held MOS 00R and MOS 11B (Infantryman). 3. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed the 6-week, Retention Noncommissioned Officer (NCO) Course, at Fort Benjamin Harrison, IN, in August 1986. 4. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned in Duty MOS 00R as follows: * 1 March 1986 - 28 May 1987, while assigned to the U.S. Army Garrison, Fort Carson, CO * 12 June 1987 - 29 March 1990, while assigned to the 2nd Armored Cavalry Regiment, Germany * 31 March 1990 - 7 June 1992, while assigned to the 610th Ordnance Battalion, Fort Belvoir, VA * 22 June 1992 - 31 August 1994, while assigned to the U.S. Army Garrison, Fort Wainwright, AK 5. He was honorably retired from active duty on 31 August 1994 in the rank/grade of sergeant first class/E-7. The DD Form 214 he was issued shows he completed 17 years, 4 months, and 28 days of creditable active service. 6. Item 11 (Primary Specialty) of his DD Form 214 shows, in pertinent part, the entry "00R40 Recruiter/Retention NCO - 8 years, 0 months." 7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Career Counselor Badge. 8. Army Regulation 600-8-22 states, in pertinent part, the Career Counselor Badge may be authorized for wear by enlisted personnel assigned to authorized duty positions which requires primary MOS (PMOS) 79S (Career Counselor). The award is retroactive to 1 January 1972 for Soldiers who currently hold PMOS 79S or previously held PMOS 79D or PMOS 00R and meet the criteria for permanent award. Permanent wear of the badge is authorized for Regular Army Soldiers who successfully complete 12 months as PMOS 79S Career Counselor since graduation from the resident Army Retention Course. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant met the requirements for the permanent award of the Career Counselor Badge. He graduated from the resident Army Retention Course and he served in and held PMOS 00R for the 8 years prior to his retirement in 1994. Therefore, he is entitled to the correction of his DD Form 214 to show this badge. 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 adding to item 13 of his DD Form 214 the Career Counselor Badge. _______ _ 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) AR20110004134 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004134 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1