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ARMY | BCMR | CY1996 | 9609915C070209
Original file (9609915C070209.txt) Auto-classification: Approved
2.  The applicant requests that his DD Form 214, issued at the time of his release from active duty on 31 January 1992, be corrected to reflect he was separated in pay grade W-3, that he held military specialty 11B30 (infantryman) for 4 years and 3 months, 95C30 (correctional specialist) for 1 year and 8 months, 95D30 (special agent) for 6 years and 1 months, and 951A0 (criminal investigation) for 4 years.  The applicant also asks that his records be corrected to reflect award of a Meritorious Service Medal.  (Note:  The applicant asked that his separation document be corrected to also add an Army Achievement Medal and Army Commendation Medal.  However, both of those award are already reflected on his separation document and as such will not be addressed by the Board.)

3.  Records available to the Board indicate the applicant served an initial period of active duty between 1966 and 1971 with the Marine Corps.  On 26 September 1975 he enlisted in the Army.  He served on active duty until 18 March 1980 when he was discharged for the purpose of accepting an appointment as a USAR warrant officer, with concurrent active duty.  He remained on active duty as a warrant officer, in specialty 951A0 (criminal investigation), until 18 March 1984 when he returned to enlisted status because his request to extended active duty as a warrant officer had been denied.  He was, however, allowed to retain his USAR warrant status while serving on concurrent active duty as an enlisted soldier.

4.  His records indicate he was awarded specialty 95D when he returned to enlisted status in March 1984.  In August 1984 he was awarded a secondary specialty of 95C30 (correctional specialist).  He retained both of those specialties until they were withdrawn on 27 May 1987 when he was awarded a new primary specialty of 11B30 (infantryman). On 3 August 1988 he was awarded a new secondary specialty of 95B30 (military police).

5.  The applicant was awarded a Meritorious Service Medal on 20 December 1991 for exceptionally meritorious service while serving in successive positions of great responsibility between 31 October 1981 and 1 November 1991.  The award was approved by the commanding general, 10th Mountain Division and confirmed in orders.
6.  On 31 January 1992 he was released from active in pay grade E-6 and on the following day, 1 February 1992, his name was placed on the retired rolls in pay grade W-3, his USAR grade.  His DD Form 214 reflects he was released from active duty in pay grade E-6 and that he held specialty 11B30 for 7 years and 10 months and specialty 95B30 for 
3 years and 6 months.  His separation document does not reflect award of the Meritorious Service Medal.

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the active duty grade or rank at the time of separation will be entered in item 2 of the DD Form 214.  It also notes that item 11 (primary specialty) will reflect those specialties an individual held during the period of service captured by the DD Form 214.  Specialties are listed by number, title and years and months in that specialty.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Meritorious Service Medal for exceptionally meritorious service which was not recorded on his separation document.

2.  The applicant held four specialties between 1984 and 1992, the period of service captured by his final DD Form 214.  Although specialty 95B30 is correctly reflected on his DD Form 214 the three remaining specialties are not.  He held specialty 11B30 (infantryman) from 27 May 1987 through 31 January 1992, a period of 4 years and 8 months; specialty 95C30 (correctional specialist) from 29 August 1984 through 27 August 1987, a period of 2 years and 9 months, and specialty 95D30 (special agent) from 18 March 1984 until 
27 May 1987, a period of 3 years and 2 months.

3.  It would be inappropriate to reflect specialty 951A0, his warrant officer specialty, on his 31 January 1992 DD Form 214 because he did not hold that specialty during the period of service reflected by the DD Form 214.

4.  While the applicant’s name may have been placed on the retired rolls (1 February 1992) in pay grade W-3 his active duty grade at the time of his release from active duty on 
31 January 1992 was E-6.  As such his DD Form 214 is correct.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the individual concerned was awarded a Meritorious Service Medal for exceptionally meritorious service during the period 31 October 1981 through 1 November 1991; and

	b.  by correcting item 11 (primary specialty) on his 
31 January 1992 DD Form 214 to reflect 11B30, infantryman, 
4 yrs 8 mos//95B30, military police, 3 yrs 6 mos//95C30, correctional specialist, 2 yrs 9 mos//95D30, special agent, 3 yrs 2 mos.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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