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ARMY | BCMR | CY2001 | 2001062927C070421
Original file (2001062927C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001062927

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to show the correct number of years and months he served in his primary specialty.

APPLICANT STATES: In effect, that Block 11 (Primary Specialty) of his DD Form 214 reads, “76C20 Equip Rec & Pts Sp 11 yrs-6 mos // nothing follows.” The applicant states that he was discharged on 30 June 1992 and that Block 11 should credit him with 11 years and 11 months in his primary specialty.

In support of his application, the applicant submitted a copy of his DD Form 214, drawing special attention to Block 18, Remarks. Block 18 notes that the applicant did an immediate reenlistment for the period 800717-830331.

EVIDENCE OF RECORD: The applicant's military records show:

On 23 May 1980, he enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 6 years. He enlisted for training in military occupational specialty (MOS) 76D, Materiel Supply Specialist, and for the Army Special Unit Enlistment Option –Europe. On 17 July 1980, after 1 month and 24 days, the applicant was discharged from the DEP and enlisted in the Regular Army for a period of 3 years and the same enlistment options. On an unknown date in December 1980, following completion of all military training, the applicant was awarded MOS 76D and was assigned to Germany for his first permanent assignment.

On 30 June 1992, the applicant was honorably separated from active duty and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows he served 11 years and 6 months in his primary specialty, MOS 76C, Equipment Records and Parts Specialist, and had a total net active service of 11 years, 11 months, and 14 days.

Army Regulation 635-5 governs the preparation of DD Form 214. It indicates that Block 11, Primary Specialty, of that form should be used to enter the titles of all MOS served in for at least 1 year as well as the number of years and months served in each.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant was not awarded an MOS until he completed both basic and advanced individual training, approximately 5 months after he enlisted in the Regular Army. Time spent in training, prior to awarding of the MOS does not count toward time spent in the MOS. Therefore, the Board concludes that the applicant’s DD Form 214, Block 11 is correct and there is no error or injustice.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RVO__ __HPI ___ ___RKS_ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001062927
SUFFIX
RECON
DATE BOARDED 20020307
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19920630
DISCHARGE AUTHORITY AR 635-200, C16-8
DISCHARGE REASON Early Separation
BOARD DECISION DENY
REVIEW AUTHORITY Director
ISSUES 1. 100.0500
2.
3.
4.
5.
6.


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