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ARMY | BCMR | CY2001 | 2001063778C070421
Original file (2001063778C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001063778

         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. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Thomas Lanyi Member
Mr. Jose A. Martinez 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: That item 11 of his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show he held military occupational specialty (MOS) 71G20 for 8 years and 5 months and MOS 11B20 for 4 years.

APPLICANT STATES: That he initially entered active duty on 8 March 1974 and reenlisted on 8 September 1977. He provides his DD Form 214 as supporting evidence.

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

He enlisted in the Regular Army on 25 February 1974. His Enlisted Qualification Record, DA Form 20, shows that he completed advanced individual training in MOS 11B on or about 5 July 1974. He was honorably discharged on 7 September 1977 for the purpose of immediately reenlisting on 8 September 1977 for training in MOS 71G. His Personnel Qualification Record – Part II shows that he completed 71G training on or about 16 December 1977. His Personnel Qualification Record – Part I shows that he held a primary MOS of 71G and a secondary MOS of 11B as of 25 October 1985 and presumably also at the time of his separation as there is no pen and ink change indicating otherwise.

On 17 May 1986, the applicant was discharged upon his expiration term of service. From 5 July 1974 until 17 May 1986 is 11 years, 10 months, and 13 days. From 16 December 1977 until 17 May 1986 is 8 years, 5 months, and 2 days. Item 11 of his DD Form 214 shows he held MOS 71G20 for 8 years and 5 months and MOS 11B20 for 11 years and 10 months.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the titles of all MOSs held, through the fifth digit, and the number of years and months in which served will be entered in item 11.

Army Regulation 611-201 provides the enlisted MOS classification structure for the U. S. Army. In pertinent part, it states that the MOS is the first three digits of the MOS code (MOSC), which can consist of up to nine characters.

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 evidence of record shows the applicant held MOS 71G for 8 years and 5 months and MOS 11B for 11 years and 10 months. The instructions for preparation of the DD Form 214 do not limit the time an MOS is held to that covered by the period of the DD Form 214 or to the time held as a primary MOS or to the time held at a specific skill level.

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

__inw___ __tl____ __jam___ DENY APPLICATION



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




INDEX

CASE ID AR2001063778
SUFFIX
RECON
DATE BOARDED 20011218
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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