BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160010827 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160010827 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 the Meritorious Service Medal and National Defense Service Medal to his DD Form 214 * amending item 11 (Primary Specially) of his DD Form 214 to show he held military occupational specialty 31W for 20 years and 1 month ____________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. BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160010827 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 in * item 11 (Primary Specialty) 20 years and 21 days in-lieu of 19 years and 9 months * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Meritorious Service Medal 2. The applicant states the computation in item 11 is incorrect and item 13 does not show his Meritorious Service Medal. This medal is his retirement award and it was mailed to him after he retired. 3. The applicant provides his DD Form 214, DA Form 638-1 (Recommendation for Award (for Other than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), and a certificate showing award of the Meritorious Service Medal. 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's records show prior to the period of service under review he served in the Regular Army (RA) from 10 September 1975 to 27 July 1978, in military occupational specialty (MOS) 36C (Wire Systems Installer/Operator). During this period of service he was in basic training and advanced individual training from 19 September 1975 to 7 October 1976. He performed the duties associated with MOSs 72C (Switchboard Operator/student) and 36C. The DD Form 214 he was issued shows he completed no foreign service and attained the rank of specialist four. 3. On 28 July 1978, he reenlisted in the RA. He served through multiple reenlistments or extensions in a variety of stateside and overseas assignments, and he attained the rank/pay grade of sergeant first class (SFC)/E-7. 4. His DA Form 2-1 (Personnel Qualification Record) shows he served in the following MOSs on the following dates: * MOS 36C, from the time of enlistment in July 1978 to 31 March 1988, while performing the duties of a construction lineman, wire systems installer/operator, wire systems team chief, section chief, and telephone installer * MOS 31Y [Telecommunications Systems Supervisor], from 1 April 1988 to 20 March 1989, while performing as a platoon sergeant and operations noncommissioned officer * MOS 31L [Wire Systems Installer], from 21 March 1989 to 31 January 1990, while performing as a section sergeant * MOS 31F [Electronic Switching Systems Operator], from 1 February 1990 to 16 April 1992, while performing the duties a section sergeant * MOS 31W [Mobile Subscriber Equipment Communications Chief], from 17 April 1992, when he was a student at the Advanced Noncommissioned Officers Course and as an extension switch supervisor until he retired in September 1995 5. He served in Panama from 20 March 1979 to 26 March 1983 and in Germany from 31 July 1985 to 17 March 1989 and from 21 March 1989 to 11 April 1992. 6. He retired on 30 September 1995 and he was placed on the Retired List in his retired rank/grade of SFC/E-7. His retirement DD Form 214 shows he completed 17 years, 2 months and 3 days of net active service this period and 2 years, 10 months and 19 days of total prior active service. His total service equals 20 years and 21 days. This DD Form 214 shows in: a. item 11 “31W4O 00 MSE Comm CH –19 YRS – 9 MOS//NOTHING FOLLOWS”; and b. item 13 shows he was awarded or authorized the following awards: * Army Commendation Medal (2nd Award) * Army Achievement Medal (6th Award) * Army Superior Unit Award * Army Good Conduct Medal (6th Award) * Noncommissioned Officer Professional Development Ribbon (3rd Award) * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Expert Marksmanship Qualification Badge with Rifle Bar * Mechanic Badge with Driver Bar 7. The Meritorious Service Medal is not listed on his DD Form 214 nor his DA Form 2-1. 8. The applicant provides a certificate showing Permeant Orders (PO) 195-4 issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, awarded him the Meritorious Service Medal for service from 1 October 1985 to 30 September 1995. He also provides a DA Form 638-1 showing award of the Meritorious Service Medal for this same period of service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 2. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the entry in Item 11 of each MOS held by the individual at release from active duty or discharge for periods of 1 year or more. Entries are to include the MOS number, title, and years and months held (16 days or more will count as a month). DISCUSSION: 1. PO awarded him the Meritorious Service Medal which is not shown on his DD Form 214. 2. The applicant also served a qualifying period of service for award of the National Defense Service Medal, which is not listed on his DD Form 214. 3. The applicant contends his DD Form 214 should show he held MOS 31W for 20 years and 20 days. In fact, he held MOS 31W from 17 April 1992 to 30 September 1995, which equals 3 years, 5 months, and 13 days. He also held several other MOSs prior to holding MOS 31W. Each MOS the applicant held for at least 1 year should be listed on his DD Form 214. However, the number of years he held these MOS’s will not equate to the number of years he served in an active duty status. 4. The applicant completed 20 years and 21 days of total active service and this service included time in basic training and advanced training. The calculation in item 11 of his DD Form 214 appears to have deducted the time he spent in training from the time he actually spent performing the duties associated with his training. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010827 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2