ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2019 DOCKET NUMBER: AR20170001359 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * block 11 (Primary Specialty) change military occupational specialty (MOS) from 35A Military Intel Gen – 0 YRS 0 MOS to 35E Counter Intelligence – 10 YRS, 8 MOS * block 11, add MOS 97B3V Counterintelligence Agent - 5 YRS and MOS 11B3V Infantryman – 4 YRS * award any campaign medals or badges for service in South West Asia (SWA) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Online Application) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his MOS code (MOSC) and service time on his DD 214 is in error. His MOS should be 11B for approximately 4 years from 1982 to 1986 and MOS 97B for approximately 5 years from 1986 to 1991. Also, MOS 35E for 10 years, 8 months, and 14 days. It currently shows 35A (general intelligence) for 0 years and 0 months. Also, award any campaign medals or badges that would have been awarded for his service in SWA during the period of 16 October 2002 to 15 October 2003. He applied for the Law Enforcement Officers Safety Act and had to certify his MOS. He states that certain campaign medals and awards were instituted after his retirement and was unable to add to his DD Form 214. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 5 January 1984. He held MOS 11B. b. On 2 April 1984, he was awarded the Ranger Tab. c. Headquarters, I Corps, Fort Lewis, WA published Order 255-93 on 20 December 1984 promoting him to sergeant effective 1 January 1985 and awarded primary MOS (PMOS) 11B2V. d. He reenlisted in the RA on 11 September 1987. His DD Form 4/1 (Enlistment/ Reenlistment Document Armed Forces of the U.S.) shows he reenlisted in MOS 97B. e. Headquarters, First U.S. Army and Fort Meade, MD published Order 165-2, on 25 August 1989 promoting him to staff sergeant/E-6 effective 1 September 1989 and awarding him PMOS 97B3V and secondary MOS 11B3V. f. He was released from active duty on an unknown date. A DD Form 214 for his RA service is not available for review. This form would have listed his primary and secondary MOS and the period of service n each MOS. g. He enlisted in the Army National Guard (ARNG) on 19 June 1991. He was separated from the ARNG on 8 June 1993. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his rank as SSG. It also shows in block 13 (Primary Specialty Number, Title, and Date Awarded) he was awarded MOS 11B on 26 August 1982. h. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 17 May 1993, with concurrent call to active duty. i. DA Form 1059 (Service School Academic Evaluation Report) shows he graduated from the Military Intelligence Officer Basic Course on 9 February 1994 in MOSC 35E. j. DA Form 67-9 (Officer Evaluation Report (OER)), from 4 April 2001 through 3 April 2002 and from 4 April 2002 through 29 August 2002 shows he was evaluated as a 35E. k. He served in SWA from 16 October 2002 to 15 October 2003. l. He retired from active duty on 31 January 2004. He completed 20 years and 27 days of active service. His DD Form 214 shows in: * block 11 (Primary Specialty) 35A Military Intel Gen – 0 YRS 0 MOS * block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Meritorious Service Medal (2nd Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal (3rd Award) * Joint Meritorious Unit Award * Valorous Unit Award * Army Superior Unit Award (3rd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Humanitarian Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Expert Infantryman Badge * Master Parachutist Badge * Pathfinder Badge * Ranger Tab 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: a. Item 11 shows the titles of all MOS's or area of concentration (AOC) served for at least 1 year (during the period covered by the DD Form 214) and include for each MOS/AOC the number of years and months served; for time determination, 16 days or more count as a month; basic combat and advanced individual training are not counted; for commissioned officers, specify the AOC consisting of two numerical digits and one letter. b. Item 13 shows all awards and decorations. 6. According to the official Army website, MOSC 35E is called Counter Intelligence and MOSC 35A is a Military Intelligence Officer. The qualification for initial award of MOSC 35E requires attendance of the 18-week, 4-day formal training at Fort Huachuca, AZ. 7. During the period covered by his DD Form 214 (17 May 1993 to 31 January 1994), he held AOC 35E. He did not hold an enlisted MOS during his commissioned officer service. 8. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The applicant served in Kuwait from 16 October 2002 to 15 October 2003. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board concluded that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board concluded that the applicant’s DD Form 214 did not currently reflect the amount of time the applicant held the 35E MOS, as well as the Southwest Asia Service Medal and the Global War on Terrorism Expeditionary Medal he was entitled to as a result of his service in Southwest Asia. However, based upon the documentary evidence available, the Board found insufficient evidence to show that the applicant changed his MOS to 97B through formal training and not just on the job training. Without the formal training, the Board found it would be inappropriate to make the change. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by: * (Item 11) deleting “0 YRS-0 MOS” and replacing with “10 YRS-8 MOS” * (Item 13) adding the Southwest Asia Service Medal * (Item 13) adding the Global War on Terrorism Expeditionary Medal 2. The Board further determined 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 changing his MOS to 97B. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Chapter 2 (Preparing and Distributing Separation Documents), Section I (DD Form 214), paragraph 2-1 (Preparing the DD Form 214), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. a. Paragraph 2-4h (11) Primary Specialty, from the enlisted record brief/officer record brief, enter the titles of all military occupational specialty (MOS) or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. For commissioned officers, also specify the AOC consisting of two numerical digits and one letter. b. Paragraph 2-4h (13) Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, list all awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 (Military Awards). Each entry will be verified by the Soldier’s records. Do not use abbreviations. 3. Army Regulation 600-8--22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. ABCMR Record of Proceedings (cont) AR20170001359 5 1